Approval and Promulgation of Implementation Plans; California; California Mobile Source Regulations, 69915-69925 [2015-28614]
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Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Proposed Rules
PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
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Authority: 38 U.S.C. 501, and as noted in
specific sections.
2. Amend § 17.63 by revising
paragraph (e)(1) and paragraph (i) and
adding paragraphs (j)(3) through (6) to
read as follows:
■
§ 17.63 Approval of community residential
care facilities.
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(e) * * *
(1) Contain no more than four beds:
(i) Facilities approved before [DATE
30 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE] may
not establish any new resident
bedrooms with more than two beds per
room;
(ii) Facilities approved on or after
[DATE 30 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE] may
not provide resident bedrooms
containing more than two beds per
room.
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(i) Records. (1) The facility must
maintain records on each resident in a
secure place. Resident records must
include a copy of all signed agreements
with the resident. Resident records may
be disclosed only with the permission of
the resident, or when required by law.
(2) The facility must maintain and
make available, upon request of the
approving VA official, records
establishing compliance with
paragraphs (j)(1) through (3) of this
section; written policies and procedures
required under paragraph (j)(3) of this
section; and, emergency notification
procedures. (Approved by the Office of
Management and Budget under control
number 2900–XXXX.)
(j) * * *
(3) The community residential care
provider must develop and implement
written policies and procedures that
prohibit mistreatment, neglect, and
abuse of residents and misappropriation
of resident property.
(i) The community residential care
provider must do all of the following:
(A) Not employ individuals who—
(1) Have been convicted by a court of
law of abuse, neglect, or mistreatment of
individuals; or
(2) Have had a finding entered into an
applicable State registry or with the
applicable licensing authority
concerning abuse, neglect, mistreatment
of individuals or misappropriation of
property.
(B) Ensure that all alleged violations
involving mistreatment, neglect, or
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abuse, including injuries of unknown
source, and misappropriation of
resident property are reported to the
approving official immediately, which
means no more than 24 hours after the
provider becomes aware of the alleged
violation. The report, at a minimum,
must include—
(1) The facility name, address,
telephone number, and owner;
(2) The date and time of the alleged
violation;
(3) A summary of the alleged
violation;
(4) The name of any public or private
officials or VHA program offices that
have been notified of the alleged
violations, if any;
(5) Whether additional investigation
is necessary to provide VHA with more
information about the alleged violation;
and
(6) Contact information for a person
who can provide additional details at
the community residential care
provider, including a name, position,
location, and phone number.
(C) Have evidence that all alleged
violations of this paragraph (j) are
documented and thoroughly
investigated, and must prevent further
abuse while the investigation is in
progress. The results of all
investigations must be reported to the
approving official within 5 working
days of the incident and to other
officials in accordance with State law,
and appropriate corrective action must
be taken if the alleged violation is
verified.
(D) Remove all duties requiring direct
resident contact with veteran residents
from any employee alleged to have
violated this paragraph (j) during the
investigation of such employee.
(4) For purposes of paragraph (j)(3) of
this section, the term ‘‘employee’’
includes a:
(i) Non-VA health care provider at the
community residential care facility;
(ii) Staff member of the community
residential care facility who is not a
health care provider, including a
contractor; and
(iii) Person with direct resident
access. The term ‘‘person with direct
resident access’’ means an individual
living in the facility who is not
receiving services from the facility, who
may have access to a resident or a
resident’s property, or may have one-onone contact with a resident.
(5) For purposes of paragraph (j)(3) of
this section, an employee is considered
‘‘convicted’’ of a criminal offense—
(i) When a judgment of conviction has
been entered against the individual by
a Federal, State, or local court,
regardless of whether there is an appeal
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69915
pending or whether the judgment of
conviction or other record relating to
criminal conduct has been expunged;
(ii) When there has been a finding of
guilt against the individual by a Federal,
State, or local court;
(iii) When a plea of guilty or nolo
contendere by the individual has been
accepted by a Federal, State, or local
court; or
(iv) When the individual has entered
into participation in a first offender,
deferred adjudication, or other
arrangement or program where
judgment of conviction has been
withheld.
(6) For purposes of paragraph (j)(3) of
this section, the terms ‘‘abuse’’ and
‘‘neglect’’ have the same meaning set
forth in 38 CFR 51.90(b).
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(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–XXXX.)
[FR Doc. 2015–28749 Filed 11–10–15; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0622; FRL–9936–84–
Region 9]
Approval and Promulgation of
Implementation Plans; California;
California Mobile Source Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the California State
Implementation Plan (SIP) consisting of
state regulations establishing standards
and other requirements relating to the
control of emissions from new on-road
and new and in-use off-road vehicles
and engines. The EPA is proposing to
approve these regulations because they
meet the applicable requirements of the
Clean Air Act and are relied upon by
various California plans intended to
provide for the attainment or
maintenance of the national ambient air
quality standards.
DATES: Any comments must arrive by
December 14, 2015.
ADDRESSES: Submit comments,
identified by docket number [EPA–R09–
OAR–2015–0622], by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
SUMMARY:
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2. Email: lo.doris@epa.gov.
3. Mail or deliver: Doris Lo (AIR–2),
U.S. Environmental Protection Agency
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to the EPA, your email
address will be automatically captured
and included as part of the public
comment. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Doris Lo, EPA Region IX, (415) 972–
3959, lo.doris@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. The State’s Submittal
A. What regulations did the state submit?
B. Are there other versions of these
regulations?
C. What is the purpose of the submitted
regulations?
D. What requirements do the regulations
establish?
III. EPA’s Evaluation and Proposed Action
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A. How is the EPA evaluating the
regulations?
B. Do the state regulations meet CAA SIP
evaluation criteria?
1. Did the state provide adequate public
notification and comment periods?
2. Does the state have adequate legal
authority to implement the regulations?
3. Are the regulations enforceable as
required under CAA section 110(a)(2)?
4. Do the regulations interfere with
reasonable further progress and
attainment or any other applicable
requirement of the Act?
5. Will the state have adequate personnel
and funding for the regulations?
6. EPA’s Evaluation Conclusion
C. Proposed Action and Request for Public
Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Under the Clean Air Act (‘‘Act’’ or
CAA), the EPA establishes national
ambient air quality standards (NAAQS)
to protect public health and welfare,
and has established such ambient
standards for a number of pervasive air
pollutants including ozone, carbon
monoxide, nitrogen dioxide, sulfur
dioxide, lead and particulate matter.
Under section 110(a)(1) of the CAA,
states must submit plans that provide
for the implementation, maintenance,
and enforcement of the NAAQS within
each state. Such plans are referred to as
state implementation plans (SIPs) and
revisions to those plans are referred to
as SIP revisions. Section 110(a)(2) of the
CAA sets forth the content requirements
for SIPs. Among the various
requirements, SIPs must include
enforceable emission limitations and
other control measures, means, or
techniques as may be necessary or
appropriate to meet the applicable
requirements of the CAA. CAA section
110(a)(2)(a).
As a general matter, the CAA assigns
mobile source regulation to the EPA
through title II of the Act and assigns
stationary source regulation and SIP
development responsibilities to the
states through title I of the Act. In so
doing, the CAA preempts various types
of state regulation of mobile sources as
set forth in section 209(a) (preemption
of state emissions standards for new
motor vehicles and engines), section
209(e) (preemption of state emissions
standards for new and in-use off-road
vehicles and engines),1 and section
211(c)(4)(A) [preemption of state fuel
1 EPA regulations refer to ‘‘nonroad’’ vehicles and
engines whereas California regulations refer to ‘‘offroad’’ vehicles and engines. These terms refer to the
same types of vehicles and engines, and for the
purposes of this action, we will be using the state’s
chosen term, ‘‘off-road,’’ to refer to such vehicles
and engines.
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requirements for motor vehicle emission
control, i.e., other than California’s
motor vehicle fuel requirements for
motor vehicle emission control—see
section 211(c)(4)(B)]. For certain types
of mobile source emission standards,
the State of California may request a
waiver (for motor vehicles) or
authorization (for off-road engines and
equipment) for standards relating to the
control of emissions and accompanying
enforcement procedures. See CAA
sections 209(b) (new motor vehicles)
and 209(e)(2) (most categories of new
and in-use off-road vehicles).
Over the years, the California Air
Resources Board (CARB) has submitted
many requests for waiver or
authorization of its standards and other
requirements relating to the control of
emissions from new on-road and new
and in-use off-road vehicles and
engines, and the EPA has granted many
such requests. For example, the EPA has
granted waivers for CARB’s Low
Emission Vehicle (LEV III) criteria
pollutant standards for light- and
medium duty vehicles, and has
authorized emissions standards for such
off-road vehicle categories as
commercial harbor craft, and forklifts
and other industrial equipment. See 78
FR 2112 (January 9, 2013) (advanced
clean cars), 76 FR 77521 (December 13,
2011) (commercial harbor craft), and 77
FR 20388 (April 4, 2012) (forklifts and
other industrial equipment).
Also over the years, CARB has
submitted, and the EPA has approved,
many local or regional California air
district rules regulating stationary
source emissions as part of the
California SIP. See, generally, 40 CFR
52.220(c). With respect to mobile
sources in general, California has
submitted, and the EPA has approved,
certain specific state regulatory
programs, such the in-use, heavy-duty,
diesel-fueled truck rule, various fuels
regulations, and the vehicle inspection
and maintenance program (I/M, also
known as ‘‘smog check’’). See, e.g., 77
FR 20308 (April 4, 2012) (in-use truck
and bus regulation), 75 FR 26653 (May
12, 2010) (revisions to California onroad reformulated gasoline and diesel
fuel regulations), and 75 FR 38023 (July
1, 2010) (revisions to California motor
vehicle I/M program).
California relies on these local,
regional, and state stationary and mobile
source regulations to meet various CAA
requirements and includes the
corresponding emissions reductions in
the various regional air quality plans
developed to attain and maintain the
NAAQS. The EPA generally allows
California to take credit for the
corresponding emissions reductions
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relied upon in the various regional air
quality plans because, among other
reasons, the regulations are approved as
part of the SIP and are thereby federally
enforceable as required under CAA
section 110(a)(2)(A).
However, California also relies on
emissions reductions from the
regulations for which the EPA has
previously granted waivers or
authorizations, and historically, the EPA
has approved regional air quality plans
that take credit for emissions reductions
from such regulations, notwithstanding
the fact that California has not
submitted these particular regulations as
part of the California SIP.
The EPA’s longstanding practice of
approving California plans that rely on
emissions reductions from such ‘‘waiver
measures,’’ notwithstanding the lack of
approval as part of the SIP, was
challenged in several petitions filed in
the Ninth Circuit Court of Appeals. In
a recent decision, the Ninth Circuit held
in favor of the petitioners on this issue
and concluded that CAA section
110(a)(2)(A) requires that all state and
local control measures on which SIPs
rely to attain the NAAQS be included in
the SIP and thereby subject to
enforcement by the EPA and members
of the general public. See Committee for
a Better Arvin v. EPA, 786 F.3d 1169
(9th Cir. 2015).
In response to the decision in
Committee for a Better Arvin v. EPA,
CARB submitted a SIP revision on
August 14, 2015 consisting of state
mobile source regulations that establish
standards and other requirements for
the control of emissions from various
new on-road and new and in-use offroad vehicles and engines for which the
EPA has issued waivers or
authorizations and that are relied upon
by California regional plans to attain
and maintain the NAAQS. The EPA is
proposing action today under CAA
section 110(k) on CARB’s August 14,
2015 SIP revision submittal.
II. The State’s Submittal
A. What regulations did the state
submit?
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mobile source regulations for which
waivers or authorizations have been
granted by the EPA under section 209 of
the CAA. The SIP revision consists of
the regulations themselves and
documentation of the public process
conducted by CARB in approving the
regulations as part of the California SIP.
Table 1 below presents the contents of
the SIP revision by mobile source
category and provides, for each such
category, a listing of the relevant
sections of the California Code of
Regulations (CCR) that establish
standards and other requirements for
control of emissions from new or in-use
vehicles or engines; the corresponding
date of CARB’s hearing date or
Executive Officer (EO) action through
which the regulations or amendments
were adopted; and the notice of decision
in which the EPA granted a waiver or
authorization for the given set of
regulations.2
On August 14, 2015, CARB submitted
a SIP revision that included a set of state
TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY
Source category
On-Road Passenger Cars,
Light-Duty Trucks, and
Medium-Duty Vehicles
(LEV II).
On-Road Passenger Cars,
Light-Duty Trucks, and
Medium-Duty Vehicles
(LEV III) and Zero Emission Vehicles (ZEV).
On-Road Heavy-Duty Gasoline Engines.
On-Road Heavy-Duty Diesel
Engines.
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On-Road Motorcycles ..........
Relevant sections of California Code of Regulations
Amendments to 13 CCR §§ 1961, 1965, and 1978 and
the documents incorporated by reference (see table 2
below), effective for state law purposes on 12/04/03;
and amendments to 13 CCR §§ 1961, 1976, 1978, and
documents incorporated by reference (see table 2
below), effective for state law purposes on 2/17/07.
Adoption of 13 CCR §§ 1961.2 and 1962.2 (excluding
subsection 1962.2(g)(6)) and amendments to 13 CCR
§§ 1900, 1956.8, 1960.1, 1961, 1962.1, 1962.2 (renumbered to 1961.3), 1965, 1976, 1978, 2037, 2038,
2062, 2112, 2139, 2140, 2145, 2147, and 2235 and
the documents incorporated by reference (see table 2
below), effective for state law purposes on 08/07/12;
amendments to 13 CCR §§ 1900, 1956.8, 1960.1,
1961, 1961.2, 1962.1, 1962.2 (excluding subsection
1962.2(g)(6)(C)), and 1976 and the documents incorporated by reference (see table 2 below), effective for
state law purposes on 12/31/12.
13 CCR § 1956.8 and the document incorporated by reference (see table 2 below), effective for state law purposes on 12/4/03.
Amendments to 13 CCR § 1956.8, and the document incorporated by reference (see table 2 below), effective
for state law purposes on 11/17/02.
Amendments to 13 CCR §§ 1900, 1958 (excluding
1958(a)(1)), and 1965, and the document incorporated
by reference (see table 2 below), effective for state law
purposes on 11/22/99.
2 CARB’s August 14, 2015 SIP submittal included
a table that lists the specific sections of the CCR
included in the submittal. By email dated October
23, 2015, CARB identified a few typographic errors
in the table: (1) 13 CCR sections 2456(d)(3),
2456(d)(5), and 2456(d)(6) (i.e., not sections
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Date of relevant
CARB hearing date(s)
or Executive Officer
action
EPA Notice of decision
12/12/02, 6/22/06
70 FR 22034 (4/28/05); 75
FR 44948 (7/30/10)
01/26/12, 11/15/12
12/12/02, 9/5/03 (EO)
2455(d)(3), 2455(d)(5), and 2455(d)(6)) are excluded
from the submittal of regulations establishing
standards and other requirements for the portable
equipment registration program (PERP); (2) 13 CCR
section 2485(1)(B) (not just section 2385(1)(A)) is
excluded from the submittal of regulations related
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78 FR 2112 (1/9/13)
75 FR 70237 (11/17/10)
10/25/01
70 FR 50322 (8/26/05)
12/10/98
71 FR 44027 (8/3/06)
to truck idling; (3) and 13 CCR section 2474 is to
be included in the submittal of regulations related
to spark-ignition marine engines. See email from
Alex Wong, CARB, to Jefferson Wehling, EPA
Region IX, dated October 23, 2015.
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TABLE 1—CARB SIP REVISION SUBMITTAL SUMMARY—Continued
Source category
Relevant sections of California Code of Regulations
On-Road Heavy-Duty Engines—On-Board Diagnostic System (HD OBD).
On-Road Heavy Duty Vehicles—engine or vehicle
idle controls.
Date of relevant
CARB hearing date(s)
or Executive Officer
action
13 CCR §§ 1971.1 and 1971.5, effective for state law
purposes on 6/17/10.
In-Use Diesel-Fueled Transport Refrigeration Units.
Commercial Harbor Craft .....
Off-Road Large Spark-Ignition (LSI) Engines.
Auxiliary Diesel Engines on
Ocean-Going Vessels.
In-Use Off-Road Diesel
Fueled Fleets.
Mobile Cargo Handling
Equipment (CHE).
Small Off-Road Engines
(SORE).
Off-Road Compression—Ignition (CI) Engines.
In-Use Portable DieselFueled Engines (PDE).
Portable Equipment Registration Program (PERP).
Spark-Ignition Marine Engines and Boats (Marine
SI).
Off-Highway Recreational
Vehicles and Engines
(OHRV).
5/28/09
13 CCR §§ 1956.8, 2404, 2424, 2425, and 2485 (exclud10/20/05
ing subsections 2485(c)(1)(A), 2485(c)(1)(B), and
2485(c)(3)(B)), and the document incorporated by reference (see table 2 below), effective for state law purposes on 11/15/2006.
13 CCR § 2477, as amended, effective for state law pur11/18/10
poses on 3/7/11.
17 CCR § 93118.5 (excluding subsection 93118.5(e)(1)), 11/15/07, 9/2/08 (EO)
effective for state law purposes on 11/19/08..
New LSI engine emissions standards: 13 CCR §§ 2430,
5/25/06, 3/2/07 (EO)
2431, 2433, 2434, and 2438; LSI fleet requirements:
13 CCR §§ 2775, 2775.1 and 2775.2, and the documents incorporated by reference (see table 2 below),
effective for state law purposes on 5/12/07.
13 CCR § 2299.3 and 17 CCR § 93118.3, effective for
12/6/07, 10/16/08
state law purposes on 01/02/09.
(EO)
13 CCR §§ 2449 (excluding subsection 2449(d)(2))
5/25/07, 7/26/07, 12/
2449.1, and 2449.2, effective for state law purposes on
11/08, 1/22/09, 7/23/
12/14/11.
09, 12/17/10
13 CCR § 2479 (excluding subsections (e)(2) and (e)(4)),
9/22/11
as amended, effective for state law purposes on 10/14/
12.
13 CCR §§ 2401, 2403, 2404, 2405, 2406, 2408, 2408.1,
11/21/08
and 2409, and the document incorporated by reference
(see table 2 below), effective for state law purposes on
5/5/10.
13 CCR §§ 2420, 2421, 2423, 2424, 2425, 2425.1, 2426,
1/27/00, 12/9/04
and 2427, and the documents incorporated by reference (see table 2 below), effective for state law purposes on 1/6/06.
17 CCR §§ 93116 through 93116.5 (excluding subsection
2/26/04
93116.3(a)), effective for state law purposes on 3/11/05.
13 CCR §§ 2451, 2452, 2453, 2455 (excluding sub- 3/27/97, 7/31/07 (EO),
sections 2455(a) and 2455(b)), 2456 (excluding sub12/10/98, 2/26/04, 6/
sections 2456(a), 2456(d)(3), 2456(d)(5), and
22/06, 3/22/07
2456(d)(6)), 2458, 2459, 2460, 2461, and 2462, as
amended, effective for state law purposes on 9/12/07.
13 CCR §§ 2111, 2112, Appendix A therein, 2139, 2147,
7/24/08, 6/5/09 (EO)
2440, 2442, 2443.1, 2443.2, 2444.1, 2444.2, 2445.1,
2445.2, 2446, 2447 and 2474, and the documents incorporated by reference (see table 2 below), effective
for state law purposes on 08/16/09.
13 CCR §§ 2111, 2112, 2411, 2412, and 2413, and the
7/20/06
document incorporated by reference (see table 2
below), effective for state law purposes on 8/15/07.
The regulations submitted by CARB
and listed in table 1 incorporate by
reference certain documents that
establish test procedures and labeling
specifications, among other things, and
CARB submitted the documents as part
EPA Notice of decision
77 FR 73459 (12/10/12)
77 FR 9239 (2/16/12)
78 FR 38970 (6/28/13)
76 FR 77521 (12/13/11)
77 FR 20388 (4/4/12)
76 FR 77515 (12/13/11)
78 FR 58090 (9/20/13)
80 FR 26249 (5/7/15)
80 FR 26041 (5/6/15)
75 FR 8056 (2/23/10)
77 FR 72846 (12/6/12)
77 FR 72851 (12/6/12)
80 FR 26032 (5/16/15)
79 FR 6584 (2/4/14)
of the overall SIP revision. Table 2 lists
the incorporated documents included in
the SIP submittal.
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TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND
SUBMITTED AS PART OF SIP REVISION
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-Duty Vehicles (LEV II):
California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, as last amended September 5, 2003.
California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-,
Medium- and Heavy-Duty Engines and Vehicles,’’ as last amended September 5, 2003.
California Smog Index Label Specifications for 2004 and Subsequent Model Passenger Cars and Light-Duty Trucks,’’ adopted September
5, 2003.
California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended September 5, 2003.
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TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND
SUBMITTED AS PART OF SIP REVISION—Continued
California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as amended June 22,
2006.
California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended June 22,
2006.
California Exhaust Emission Standards Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles, as last amended June 22, 2006.
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV):
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended March 22, 2012.
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last
amended March 22, 2012.
California Non-Methane Organic Gas Test Procedures, as last amended March 22, 2012.
California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
as last amended March 22, 2012, excluding GHG-related provisions.
California Environmental Performance Label Specifications for 2009 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and
Medium-Duty Passenger Vehicles, as last amended March 22, 2012.
California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March
22, 2012.
California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended March 22,
2012.
Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.
Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks, adopted March 22, 2012.
California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted March 22, 2012, excluding GHG-related provisions.
California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended March 22, 2012, excluding GHG-related provisions.
California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted March 22, 2012, excluding GHG-related
provisions.
California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as last amended December 6, 2012, excluding GHG-related provisions.
California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
as last amended December 6, 2012, excluding GHG-related provisions.
California Non-Methane Organic Gas Test Procedures, as last amended December 6, 2012.
California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles, as last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last
amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles,
in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, adopted December 6, 2012, excluding GHG-related provision.
On-Road Heavy-Duty Gasoline Engines:
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-cycle Engines, as last
amended December 12, 2002.
On-Road Heavy-Duty Diesel Engines:
California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended October 25, 2001.
On-Road Motorcycles:
California Motor Vehicle Emission Control and Smog Index Label Specifications, as last amended October 22, 1999.
On-Road Heavy Duty Vehicles—Reduced Idling:
California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, as last amended
September 1, 2006.
Off-Road Large Spark-Ignition (LSI) Engines:
California Exhaust Emission Standards and Test Procedures for New 2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I
and II, adopted September 1, 1999 and as last amended March 2, 2007.
California Exhaust and Evaporative Emission Standards and Test Procedures for 2007 through 2009 Off-Road Large Spark-Ignition Engines, (2007–2009 Test Procedure 1048), adopted March 2, 2007.
California Exhaust and Evaporative Emission Standards and Test Procedures for New 2010 and Later Off-Road Large Spark-Ignition Engines, (2010 and Later Test Procedure 1048), adopted March 2, 2007.
California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and 1068), adopted March 2, 2007.
Small Off-Road Engines (SORE):
California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines, as last amended February 24,
2010.
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TABLE 2—DOCUMENTS INCORPORATED BY REFERENCE IN CARB REGULATIONS LISTED IN TABLE 1, ABOVE, AND
SUBMITTED AS PART OF SIP REVISION—Continued
Off-Road Compression–Ignition (CI) Engines:
California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I–B, adopted January 28, 2000 and as last amended October 20, 2005.
California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part II, adopted May 12, 1993 and as last amended October 20, 2005.
California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part
I–C, adopted October 20, 2005.
Spark-Ignition Marine Engines and Boats (Marine SI):
California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines, as last amended June 5, 2009.
Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories, as last amended June 5, 2009.
Off-Highway Recreational Vehicles and Engines (OHRV):
California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles, and Engines, as last
amended August 15, 2007.
It is important to note that CARB has
expressly excluded from the August 14,
2015 SIP submittal certain sections or
subsections of California code that have
been authorized or waived by the EPA
under CAA section 209. The excluded
provisions pertain to:
• Greenhouse Gas (GHG) exhaust
emission standards for 2009 through
2016 Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles, and
2017 and subsequent Model Passenger
Cars, Light-Duty Trucks, and MediumDuty Vehicles; and
• GHG related provisions
incorporated in the test procedures.
Also, CARB has expressly excluded
certain sections or subsections of
California code that are not subject to
preemption under CAA section 209 and
thus not included in the related waiver
or authorization by the EPA. These
provisions pertain to:
• Fuel requirements;
• Idling restrictions on drivers;
• Opacity standards;
• Daily mass emission limits (from
the PERP regulations); and
• Certain labeling and consumer
notification requirements.
Section III.B.4 below provides further
discussion of these excluded provisions.
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B. Are there other versions of these
regulations?
As noted previously, the CAA
generally assigns to the EPA the
responsibility of establishing standards
for the control of emissions from mobile
sources. However, the State of California
was a pioneer in establishing standards
for the control of emissions from new
motor vehicles, and, in part due to the
state’s pioneering efforts, Congress
established in 1967 a process under
which California, alone among the
3 VOC and NO are precursors responsible for the
X
formation of ozone, and NOX and SO2 are
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states, would be granted a waiver from
preemption (if certain criteria are met)
and thereby enforce its own standards
and other requirements for the control
of emissions from new motor vehicles.
In the 1990 CAA Amendments,
Congress extended a similar process that
had been established under section 209
for new motor vehicles to new and inuse off-road vehicles and engines. See
CAA section 209(e)(2). Under the 1990
CAA Amendments, the EPA must
authorize California standards for the
control of emissions of off-road vehicles
and engines if certain criteria are met.
The first waiver granted was for
California’s On-Road Emissions
Standards for Model Year 1968. (See 33
FR 10160, July 16, 1968.) Since then,
there have been dozens of waivers and
authorizations granted by the EPA for
new and amended CARB mobile source
regulations. The EPA’s Office of
Transportation and Air Quality
maintains a Web site that provides a
general description of the waiver and
authorization process and lists all of the
various waivers and authorizations
granted by the Agency to CARB over the
years. See https://www.epa.gov/otaq/
cafr.htm.
Historically, as noted above, CARB
regulations subject to the section 209
waiver or authorization process were
not submitted to the EPA as a revision
to the California SIP. Thus, for the
purposes of the California SIP, there are
no previous versions of the rules
addressed in today’s proposed action.
C. What is the purpose of the submitted
regulations?
Historically, California has
experienced some of the most severe
and most persistent air pollution
problems in the country. Under the
precursors for fine particulate matter (PM2.5). SO2
belongs to a family of compounds referred to as
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CAA, based on ambient data collected at
numerous sites throughout the state, the
EPA has designated areas within
California as nonattainment areas for the
ozone NAAQS and the particulate
matter (both PM10 and PM2.5) NAAQS.
See, generally, 40 CFR 81.305.
California also includes a number of
areas that had been designated as
nonattainment areas for the carbon
monoxide NAAQS that the EPA has
redesignated as attainment areas
because they have attained the standard
and are subject to an approved
maintenance plan demonstrating how
they will maintain the carbon monoxide
standard into the future.
Mobile source emissions constitute a
significant portion of overall emissions
of carbon monoxide, volatile organic
compounds (VOC), oxides of nitrogen
(NOX), sulfur dioxide (SO2) and
particulate matter (PM) in the various
air quality planning areas within
California, and thus, the purpose of
CARB’s mobile source regulations is to
reduce these emissions and thereby
reduce ambient concentrations to attain
and maintain the NAAQS throughout
California.3 At elevated levels, ozone
and PM harm human health and the
environment by contributing to
premature mortality, aggravation of
respiratory and cardiovascular disease,
decreased lung function, visibility
impairment, and damage to vegetation
and ecosystems.
D. What requirements do the regulations
establish?
Table 3 below describes the
applicability of the regulations listed in
table 1 above and summarizes some of
the key emissions control requirements
contained in the rules.
sulfur oxides (SOX). PM2.5 precursors also include
VOC and ammonia. See 40 CFR 51.1000.
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69921
TABLE 3—GENERAL DESCRIPTION OF REQUIREMENTS ESTABLISHED IN THE MOBILE SOURCE REGULATIONS INCLUDED IN
THE AUGUST 14, 2015 SIP REVISION
Source category
Description of requirements in submitted regulation
On-Road Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles (LEV II).
CARB’s ‘‘LEV II’’ regulations establish exhaust and evaporative emissions standards (and test procedures) for
model year (MY) 2004 through 2014 passenger cars, light-duty trucks, and medium-duty passenger vehicles.
The LEV II regulations also include the adoption of Compliance Assurance Program ‘‘CAP 2000’’ amendments that establish new motor vehicle certification and in-use test requirements—developed jointly with the
U.S. Environmental Protection Agency—applicable to 2001 and subsequent model motor vehicles. For more
information about CARB’s LEV II regulations, see 68 FR 19811 (April 22, 2003), 70 FR 22034 (April 28,
2005), and 75 FR 44948 (July 30, 2010).
CARB’s LEV III and ZEV amendments combine the control of criteria air pollutants and GHG emissions into a
single coordinated package of requirements for MY 2015 through 2025 passenger cars, light-duty trucks, and
medium-duty passenger vehicles. The requirements amend the exhaust and evaporative emissions standards, the test procedures, and the on-board diagnostic system specifications. (The standards related to GHG
emissions are not included in the SIP revision submittal.) For more information about CARB’s LEV III and
ZEV amendments, see 78 FR 2112 (January 9, 2013).
CARB’s on-road heavy-duty gasoline engine regulations establish exhaust emission standards for heavy-duty
Otto-cycle engines and vehicles above 8,500 pounds gross vehicle weight rating (GVWR) for the 2004, 2005
through 2007, and the 2008 and subsequent MYs. These regulations align each of California’s exhaust emission standards and test procedures with its federal counterpart in an effort to streamline and harmonize the
California and federal programs. For more information about CARB’s on-road heavy-duty gasoline engine
regulations, see 75 FR 70237 (November 17, 2010).
CARB’s On-Road Heavy-Duty Diesel Engine regulations establish heavy-duty diesel regulations for 2007 and
subsequent model year vehicles and engines (2007 California Heavy Duty Diesel Engine Standards) and related test procedures including the not-to-exceed (NTE) and supplemental steady state tests (supplemental
test procedures) to determine compliance with applicable standards. CARB’s 2007 California Heavy Duty
Diesel Engine Standards primarily align California’s standards and test procedures with the federal standards
and test procedures for 2007 and subsequent model year on-road heavy-duty vehicles and engines. For
more information about CARB’s On-Road Heavy-Duty Diesel Engine regulations, see 70 FR 50322 (August
26, 2005)
CARB’s regulations establish exhaust emissions standards and test procedures for new on-road motorcycles
and motorcycle engines. For additional information about CARB’s motorcycle regulations, see 71 FR 44027
(August 3, 2006).
CARB’s HD OBD regulations establish requirements for onboard diagnostic systems (OBD systems) that are
installed on 2010 and subsequent model-year engines certified for sale in heavy-duty applications in California. The OBD systems, through the use of an onboard computer(s), monitor emission systems in-use for
the actual life of the engine and are capable of detecting malfunctions of the monitored emission systems, illuminating a malfunction indicator light (MIL) to notify the vehicle operator of detected malfunctions, and storing fault codes identifying the detected malfunctions. For more information about CARB’s HD OBD regulations, see 77 FR 73459 (December 10, 2012).
As submitted, CARB’s truck idling requirements consist of ‘‘New engine requirements’’ that require new California-certified 2008 and subsequent model year on-road diesel engines in vehicles with a gross vehicle
weight rating (GVWR) greater than 14,000 pounds (i.e., heavy-duty diesel vehicles or ‘‘HDDV’’s) be equipped
with a system that automatically shuts down the engine after five minutes of continuous idling. For more information about CARB’s truck idling requirements, see 77 FR 9239 (February 16, 2012).
Establishes in-use performance standards for diesel–fueled TRUs and TRU generator sets operating in California, and facilities where TRUs operate. In-use TRU engines are required, through one of the compliance
options set forth in the regulations (e.g., retrofit or replacement), to meet specific performance standards that
vary by horsepower range, and that have two levels of stringency that are phased in over time—the Low
Emission TRU Standards, beginning in 2008, and the Ultra-Low Emission TRU Standards beginning in 2010.
More stringent performance standards are required at 7-year intervals until the Ultra-Low TRU standards are
met. For more information about CARB’s in-use TRU regulations, see 74 FR 3030 (January 16, 2009) and
78 FR 38970 (June 28, 2013).
CARB’s commercial harbor craft regulations establish emissions standards, requirements related to control of
emissions, and enforcement provisions applicable to diesel propulsion and auxiliary engines on new and inuse commercial harbor craft. For new harbor craft, each propulsion and auxiliary diesel engine on the vessel
is required to be certified to the most stringent federal new marine engine emission standards for that engine’s power rating and displacement in effect at the time of sale, lease, rent, or acquisition. The regulation
imposes additional requirements for larger new ferries (with the capacity to transport seventy-five or more
passengers), either by using best available control technology (‘‘BACT’’), or by using a federal Tier 4 certified
propulsion engine. For in-use harbor craft, new or in-use diesel engines may not be sold, offered for sale,
leased, rented, or acquired unless the diesel propulsion or auxiliary engines are certified to at least the federal Tier 2 or Tier 3 marine emission standards for new engines of the same power rating and displacement.
In-use emission requirements are imposed on Tier 0 and Tier 1 marine engines in ferries, excursion vessels,
tugboats, towboats, push boats, and multipurpose harbor craft. Those harbor craft are required to meet emission limits equal to or cleaner than the federal new marine engine certification standards in effect for the year
that in-use engine compliance is required. For more information about CARB’s commercial harbor craft regulations, see 76 FR 77521 (December 13, 2011).
On-Road Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles (LEV III)
and Zero Emission Vehicles
(ZEV).
On-Road Heavy-Duty Gasoline
Engines.
On-Road Heavy-Duty Diesel
Engines.
On-Road Motorcycles ..............
On-Road Heavy-Duty Engines—On-Board Diagnostic
System (HD OBD).
On-Road Heavy Duty Vehicles—engine or vehicle idle
controls.
In-Use Diesel-Fueled Transport
Refrigeration Units (TRUs).
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Commercial Harbor Craft .........
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TABLE 3—GENERAL DESCRIPTION OF REQUIREMENTS ESTABLISHED IN THE MOBILE SOURCE REGULATIONS INCLUDED IN
THE AUGUST 14, 2015 SIP REVISION—Continued
Source category
Description of requirements in submitted regulation
Off-Road Large Spark-Ignition
(LSI) Engines.
CARB’s LSI regulations establish more stringent emissions standards for new off-road LSI engines (25 hp or
greater, gasoline- or LPG-powered, excluding construction and farm equipment) beginning in 2007 (increasing in stringency in 2010), and in-use fleet requirements for forklifts and other industrial equipment with LSI
engines. The fleet average in-use emission standards apply to operators of large- and medium-sized fleets of
forklifts, sweepers/scrubbers, airport ground supported equipment (GSE), and industrial two tractors with engine displacements of greater than one liter. For more information about CARB’s LSI regulations, see 77 FR
20388 (April 4, 2012).
CARB’s ‘‘At-Berth’’ regulation contains requirements that apply, with limited exceptions, to any person who
owns or operates any container vessel, passenger vessel, or refrigerated cargo vessel that visits any of six
specified California ports. It also contains requirements that affect any person who owns or operates those
ports or terminals located at them. CARB’s At-Berth regulation requires fleets of container vessels, passenger vessels and refrigerated cargo vessels to either: (1) Limit the amount of time they operate their auxiliary diesel engines by connecting to shore power for most of a vessel’s stay at port (‘‘Shore Power Option’’);
or (2) achieve equivalent emission reductions by employing other emission control techniques (‘‘Equivalent
Emission Reduction Option’’). Fleet operators who elect the Shore Power Option are required to obtain the
power that would otherwise be provided by a vessel’s auxiliary engines by connecting to shore power for a
percentage of the fleet’s annual port visits. The required percentage of shore power connected port visits increases over the life of the regulation. Specifically, fifty percent of a fleet’s total visits must be connected to
shore power by 2014, followed by seventy percent by 2017, and eighty percent by 2020. For more information about CARB’s At-Berth regulation, see 76 FR 77515 (December 13, 2011).
CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation applies to fleets with off-road compression-ignition
vehicles or equipment greater than 25 horsepower. The regulation takes effect beginning as early as 2014,
depending on fleet size. It requires fleet operators to meet a progressively more stringent combined PM and
NOX standard, or to reduce emissions through technology upgrades such as retrofit or replacement. For
more information about CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation, see 78 FR 58090 (September 20, 2013).
CARB’s mobile CHE regulation sets performance standards for engines equipped in newly purchased, leased,
or rented (collectively known as ‘‘newly acquired’’), as well as in-use, mobile cargo handling equipment used
at ports or intermodal rail yards in California. The standards vary depending on the type of vehicle, whether
the engine is used in off-road equipment or a vehicle registered as an on-road motor vehicle, and whether
they are newly acquired or already in-use. For more information about CARB’s mobile CHE regulation, see
77 FR 9916 (February 21, 2012) and 80 FR 26249 (May 7, 2015).
CARB’s SORE regulations establish emissions standards for new spark ignition utility and lawn and garden
equipment engines 25 horsepower and under. For more information about CARB’s SORE regulations, see
80 FR 26041 (May 6, 2015).
CARB’s Off-Road CI Engine Regulations establish emissions standards for new off-road diesel-powered engines and equipment. For more information about CARB’s Off-Road CI Engine Regulations, see 75 FR 8056
(February 23, 2010).
CARB’s PDE regulation establishes requirements for in-use portable diesel-fueled engines 50 brake-horsepower (hp) and greater. Specifically, starting on January 1, 2010, all portable engines in California must be
certified to meet a federal or California standard for newly manufactured off-road engines. More stringent requirements apply beginning on January 1, 2020. Fleets of portable engines must comply with increasingly
more stringent weighted PM emission fleet averages that apply on three different deadlines (January 1,
2013, January 1, 2017, and January 1, 2020). For more information about CARB’s PDE regulation, see 77
FR 72846 (December 6, 2012).
PERP is a voluntary statewide program that enables registration of off-road engines and equipment that operate at multiple locations across California, so that the engine and equipment owners can operate throughout
California without obtaining permits from local air pollution control districts. The PERP sets out four general
requirements applicable to all registered equipment: (1) Registered equipment may not operate in a manner
that causes a nuisance; (2) registered equipment may not interfere with attainment of national or state ambient air quality standard; (3) registered equipment many not cause an exceedance of an ambient air quality
standard; and (4) owners of registered equipment must provide notice and comply with requirements for prevention of significant deterioration if it would constitute a major modification of that source. The PERP also
has specific requirements for both registered engines and certain types of equipment units. For more information about CARB’s PERP regulations, see 77 FR 72851 (December 6, 2012).
CARB’s Inboard and Sterndrive Marine Engine regulations establish tier II hydrocarbon (HC) and NOX exhaust
emissions standards for new inboard and sterndrive engines. For more information about CARB’s Marine SI
Engine regulations, see 72 FR 14546 (March 28, 2007) and 76 FR 24872 (May 3, 2011).
CARB’s Marine SI Engine regulations establish HC and NOX exhaust emissions standards for outboard, inboard, and sterndrive engines and personal watercraft. For more information about CARB’s Marine SI Engine
regulations, see 72 FR 14546 (March 28, 2007), 76 FR 24872 (May 3, 2011), and 80 FR 26032 (May 6,
2015).
CARB’s OHRV regulations establish exhaust and evaporative emission standards and test procedures for
OHRVs. The regulations also establish a ‘‘red tag’’ program under which OHRVs not meeting the applicable
emissions standards could be certified subject to use restrictions (i.e., use in specified areas during specified
times of the year). For more information about CARB’s OHRV regulations, see 79 FR 6584 (February 4,
2014).
Auxiliary Diesel Engines on
Ocean-Going Vessels.
In-Use Off-Road Diesel Fueled
Fleets.
Mobile Cargo Handling Equipment (CHE).
Small Off-Road Engines
(SORE).
Off-Road Compression –Ignition (CI) Engines.
In-Use Portable Diesel-Fueled
Engines (PDE).
Portable Equipment Registration Program (PERP).
Spark-Ignition Inboard and
Sterndrive Marine Engines.
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Spark-Ignition Marine Engines
and Boats (Marine SI).
Off-Highway Recreational Vehicles and Engines (OHRV).
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III. EPA’s Evaluation and Proposed
Action
A. How is the EPA evaluating the
regulations?
The EPA has evaluated the submitted
regulations discussed above against the
applicable procedural and substantive
requirements of the CAA for SIPs and
SIP revisions and has concluded that
they meet all of the applicable
requirements. Generally, SIPs must
include enforceable emission
limitations and other control measures,
means, or techniques, as well as
schedules and timetables for
compliance, as may be necessary to
meet the requirements of the Act [see
CAA section 110(a)(2)(A)]; must provide
necessary assurances that the state will
have adequate personnel, funding, and
authority under state law to carry out
such SIP (and is not prohibited by any
provision of federal or state law from
carrying out such SIP) [see CAA section
110(a)(2)(E)]; must be adopted by a state
after reasonable notice and public
hearing [see CAA section 110(l)], and
must not interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the Act [see
CAA section 110(l)].4
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B. Do the state regulations meet CAA
SIP evaluation criteria?
1. Did the state provide adequate public
notification and comment periods?
Under CAA section 110(l), SIP
revisions must be adopted by the state,
and the state must provide for
reasonable public notice and hearing
prior to adoption. In 40 CFR 51.102(d),
we specify that reasonable public notice
in this context refers to at least 30 days.
All of the submitted regulations have
gone through extensive public comment
processes including CARB’s workshop
and hearing processes prior to state
adoption of each rule. Also, the EPA’s
waiver and authorization processes
provide an opportunity for the public to
request public hearings to present
information relevant to the EPA’s
consideration of CARB’s request for
waiver or authorization under section
209 of the CAA and to submit written
comment.
In addition, on June 19, 2015, CARB
published a notice of public meeting to
4 CAA section 193, which prohibits any pre-1990
SIP control requirement relating to nonattainment
pollutants in nonattainment areas from being
modified unless the SIP is revised to insure
equivalent or greater emission reductions of such
air pollutants, does not apply to these regulations
because they would be new to the California SIP,
and thus, do not constitute an amendment to a pre1990 SIP control requirement.
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be held on July 23, 2015 to consider
adoption and submittal of the adopted
regulations for which the EPA has
granted waivers or authorization as a
revision to the California SIP. CARB
held the public hearing on July 23,
2015. No written comments were
submitted to CARB in connection with
the proposed SIP revision, and no
public comments were made at the
public hearing. CARB adopted the SIP
revision at the July 23, 2015 Board
Hearing (Board Resolution 15–40), and
submitted the relevant mobile source
regulations to the EPA on August 14,
2015 along with evidence of the public
process conducted by CARB in adopting
the SIP revision. We conclude that
CARB’s August 14, 2015 SIP revision
submittal meets the applicable
procedural requirements for SIP
revisions under the CAA section 110(l)
and 40 CFR 51.102.
2. Does the state have adequate legal
authority to implement the regulations?
CARB has been granted both general
and specific authority under the
California Health & Safety Code (H&SC)
to adopt and implement these
regulations. California H&SC sections
39600 (‘‘Acts required’’) and 39601
(‘‘Adoption of regulation; Conformance
to federal law’’) confer on CARB the
general authority and obligation to
adopt regulations and measures
necessary to execute CARB’s powers
and duties imposed by state law.
California H&SC sections 43013(a) and
43018 provide broad authority to
achieve the maximum feasible and costeffective emission reductions from all
mobile source categories. Regarding inuse motor vehicles, California H&SC
sections 43600 and 43701(b),
respectively, grant CARB authority to
adopt emission standards and emission
control equipment requirements.
Further, California H&SC section 39666
gives CARB authority to adopt airborne
toxic control measures to reduce
emissions of toxic air contaminants
from new and in-use non-vehicular
sources.
As a general matter, as noted above,
the CAA assigns mobile source
regulation to the EPA through title II of
the Act and assigns stationary source
regulation and SIP development
responsibilities to the states through
title I of the Act. In so doing, the CAA
preempts various types of state
regulation of mobile sources as set forth
in section 209(a) (preemption of state
emissions standards for new motor
vehicles and engines), section 209(e)
(preemption of state emissions
standards for new and in-use nonroad
vehicles and engines) and section
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211(c)(4)(A) [preemption of state fuel
requirements for motor vehicles, i.e.,
other than California’s motor vehicle
fuel requirements for motor vehicle
emission control—section 211(c)(4)(B)].
For certain types of mobile source
standards, the State of California may
request a waiver (for motor vehicles) or
authorization (for off-road vehicles or
engines) for standards relating to the
control of emissions and accompanying
enforcement procedures. See CAA
sections 209(b) (new motor vehicles)
and 209(e)(2) (most categories of new
and in-use off-road vehicles).
The mobile source regulations that are
the subject of today’s proposed rule are
those for which California has sought a
waiver or authorization and for which
the EPA has granted such waiver or
authorization and thus the regulations
proposed for approval today are not
preempted under the CAA.5 For
additional information regarding
California’s motor vehicle emission
standards, please see the EPA’s
‘‘California Waivers and
Authorizations’’ Web page at URL
address: https://www.epa.gov/otaq/
cafr.htm. This Web site also lists
relevant Federal Register notices that
have been issued by the EPA is response
to California waiver and authorization
requests.
In addition, the EPA is unaware of
any non-CAA legal obstacle to CARB’s
enforcement of the regulations and thus
we conclude that the state has provided
the necessary assurances that the state
has adequate authority under state law
to carry out the SIP revision (and is not
prohibited by any provision of federal or
state law from carrying out such SIP)
and thereby meets the requirements of
CAA section 110(a)(2)(E) with respect to
legal authority.
3. Are the regulations enforceable as
required under CAA section 110(a)(2)?
We have evaluated the enforceability
of the submitted mobile source
5 We recognize that our authorization (78 FR
58090, September 20, 2013) for CARB’s in-use offroad diesel-fueled fleet regulations has been
challenged in both the D.C. Circuit and Ninth
Circuit Court of Appeals. See Dalton Trucking, Inc.
v. EPA (D.C. Cir., No 13–1283) and Dalton
Trucking, Inc. v. EPA (9th Cir., No. 13–74019). The
D.C. Circuit will hear oral arguments in the case on
November 9, 2015. (The Ninth Circuit is holding the
cased in abeyance pending a decision by the D.C.
Circuit concerning jurisdiction.) An adverse
decision from the D.C. Circuit or Ninth Circuit that
remands or vacates our authorization of CARB’s inuse off-road diesel-fueled fleet regulations will
prompt reconsideration of our approval of the
regulations as part of the SIP because, absent
authorization, CARB will be prohibited from
enforcing the regulations and thus will no longer be
able to provide the necessary assurances called for
in CAA section 110(a)(2)(E) for the subject
regulations.
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regulations with respect to applicability
and exemptions; standard of conduct
and compliance dates; sunset
provisions; discretionary provisions;
and test methods, recordkeeping and
reporting,6 and have concluded for the
reasons given below that the proposed
regulations would be enforceable for the
purposes of CAA section 110(a)(2).
First, with respect to applicability, we
find that the submitted regulations
would be sufficiently clear as to which
persons and which vehicles or engines
are affected by the regulations. See, e.g.,
13 CCR section 2430 (applicability
provision for off-road LSI engine
emission standard regulation); 13 CCR
section 2449(b) (applicability provision
for in-use off-road diesel-fueled fleets
regulation).
Second, we find that the submitted
regulations would be sufficiently
specific so that the persons affected by
the regulations would be fairly on notice
as to what the requirements and related
compliance dates area. For instance, see
the performance requirements for in-use
off-road diesel-fueled fleets in 13 CCR
section 2449(d). Third, none of the
submitted regulations contain sunset
provisions that automatically repeal the
emissions limits by a given date or upon
the occurrence of a particular event,
such as the change in the designation of
an area from nonattainment to
attainment.7
Fourth, a number of the submitted
regulations contain provisions that
allow for discretion on the part of
CARB’s Executive Officer. Such
‘‘director’s discretion’’ provisions can
undermine enforceability of a SIP
regulation, and thus prevent full
approval by the EPA. However, in the
instances of ‘‘director’s discretion’’ in
the submitted regulations, the discretion
that can be exercised by the CARB
Executive Officer is reasonably limited
under the terms of the regulations. For
instance, the regulation establishing
standards and other requirements
related to the control of emissions from
6 These concepts are discussed in detail in an
EPA memorandum from J. Craig Potter, EPA
Assistant Administrator for Air and Radiation, et
al., titled ‘‘Review of State Implementation Plans
and Revisions for Enforceability and Legal
Sufficiency,’’ dated September 23, 1987.
7 The only such provisions in any of the
submitted regulations are a sunset provision for
alternative requirements in the ZEV regulations at
13 CCR section 1962.1(b)(2)(B)(3.), and a sunset
review of the on-road motorcycle standards at 13
CCR section 1958(h). The latter provision requires
CARB to review the on-road motorcycle standards
in section 1958 to determine whether they should
be retained, revised, or repealed. Any such revision
or rescission would not be become effective
automatically, but would require rulemaking by
CARB, and may also require a waiver from the EPA
depending on the nature or the revision.
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commercial harbor craft includes
alternative control of emissions (ACE)
provisions that allow a person to be
deemed in compliance by implementing
an alternative emission control strategy
(AECS) subject to the approval of the
Executive Officer. See 13 CCR section
93118.5(f). The regulation specifies the
application process for such an AECS,
requires a number of demonstrations to
be included (such as equivalent
emissions reduction), and provides for
public review. With such constraints on
discretion, the ‘‘director’s discretion’’
contained in the submitted regulations
would not significantly undermine
enforceability of the rules by citizens or
the EPA.
Lastly, each of the submitted
regulations identifies appropriate test
methods and includes adequate
recordkeeping and reporting
requirements sufficient to ensure
compliance with the applicable
requirements. The technical support
document provides more detail
concerning the contents of the
submitted regulations.
4. Do the regulations interfere with
reasonable further progress and
attainment or any other applicable
requirement of the Act?
All of the state’s reasonable further
progress (RFP), attainment, and
maintenance plans rely to some extent
on the emission reductions from CARB’s
mobile source program, including the
emissions standards and other
requirements for which the EPA has
issued waivers or authorizations. For
some plans, the reliance is substantial
and for others the reliance is less.
CARB’s mobile source program is
reflected in the emissions estimates for
mobile sources that are included in the
emissions inventories that form the
quantitative basis for the RFP,
attainment, and maintenance
demonstrations. As such, CARB’s
mobile source regulations submitted for
approval as a revision to the California
SIP support the various RFP,
attainment, and maintenance plans, and
would not interfere with such
requirements for the purposes of CAA
section 110(l).
As noted above, CARB expressly
excluded certain sections or subsections
of California code from consideration as
part of the SIP revision. These
provisions relate to GHG motor vehicle
emissions standards and test
procedures, fuel requirements, idling
limits, opacity standards, daily mass
emission limits, and certain labeling
and consumer notification
requirements. We understand that the
GHG provisions have been excluded
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because they provide minimal
emissions reductions over the time
period covered by the current
generation of California RFP,
attainment, and maintenance plans.
With respect to the non-preempted
provisions, we understand that they
were not included in the August 14,
2015 SIP submittal because they are not
‘‘waiver measures’’ and thus are not
relevant for the purposes of responding
to the Ninth Circuit’s decision in
Committee for a Better Arvin v. EPA.
However, we note the general principle
that state emissions limitations and
other control measures that are relied
upon to meet CAA SIP requirements,
such as RFP, attainment or maintenance
demonstrations, must be approved into
the SIP to comply with the requirement
for such limitations and other control
measures to be enforceable for the
purposes of CAA section 110(a)(2)(A).
Thus, we encourage CARB to review the
RFP, attainment, and maintenance plans
for the various air quality planning areas
in California to ensure that the plans do
not rely on the associated emissions
reductions from the provisions excluded
from the August 14, 2015 SIP submittal.
5. Will the state have adequate
personnel and funding for the
regulations?
In its SIP revision submittal, CARB
refers to the annual approval by the
California Legislature of funding and
staff resources for carrying out CAArelated responsibilities and notes that a
large portion of CARB’s budget has gone
toward meeting CAA mandates.8 CARB
indicates that a majority of CARB’s
funding comes from dedicated fees
collected from regulated emission
sources and other sources such as
vehicle registration fees and vehicles
license plate fees and that these funds
can only be used for air pollution
control activities. Id. For the 2014–2015
budget cycle, CARB had over 700
positions and almost $500 million
dedicated for the mobile source program
developing and enforcing regulations.
Id. Given the longstanding nature of
CARB’s mobile source program, and its
documented effectiveness at achieving
significant reductions from mobile
sources, we find that CARB has
provided necessary assurances that the
state has adequate personnel and
funding to carry out the mobile source
regulations submitted for approval as
part of the California SIP.
8 Letter from Richard W. Corey, Executive Officer,
CARB, to Jared Blumenfeld, Regional
Administrator, EPA Region IX, August 14, 2015.
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6. EPA’s Evaluation Conclusion
Based on the above discussion, we
believe these regulations are consistent
with the relevant CAA requirements,
and with relevant EPA policies and
guidance.
C. Proposed Action and Request for
Public Comment
Under section 110(k)(3) of the CAA,
and for the reasons given above, we are
proposing to approve a SIP revision
submitted by CARB on August 14, 2015
that includes certain sections of title 13
and title 17 of the California Code of
Regulations that establish standards and
other requirements relating to the
control of emissions from new and inuse on-road and off-road vehicles and
engines. We are proposing to approve
these regulations as part of the
California SIP because we believe they
fulfill all relevant CAA requirements.
We will accept comments from the
public on this proposal until December
14, 2015. Unless we receive convincing
new information during the comment
period, we intend to publish a final
approval action that will incorporate
these rules into the federally enforceable
SIP for the State of California.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
IV. Incorporation by Reference
In this proposed rule, the EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference certain sections
of title 13 and title 17 of the California
Code of Regulations that establish
standards and other requirements
relating to the control of emissions from
new and in-use on-road and off-road
vehicles and engines, as described in
section II of this preamble. The EPA has
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
federal requirements and does not
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17:34 Nov 10, 2015
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impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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69925
Dated: October 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015–28614 Filed 11–10–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0431; FRL–9936–68–
Region 6]
Approval and Promulgation of
Implementation Plans; State of New
Mexico/Albuquerque-Bernalillo
County; Infrastructure and Interstate
Transport SIP 2010 Sulfur Dioxide
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Under the Federal Clean Air
Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a State
Implementation Plan (SIP) submission
from the State of New Mexico on behalf
of Albuquerque-Bernalillo County for
the 2010 Sulfur Dioxide (SO2) National
Ambient Air Quality Standards
(NAAQS). The submittal addresses how
the existing SIP provides for
implementation, maintenance, and
enforcement of the 2010 SO2 NAAQS
(infrastructure SIP or i-SIP). This i-SIP
ensures that the State’s SIP for
Albuquerque-Bernalillo County is
adequate to meet the state’s
responsibilities under the CAA,
including the four CAA requirements
for interstate transport of SO2 emissions.
DATES: Written comments must be
received on or before December 14,
2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R06–OAR–2015–0431, by one of the
following methods:
• www.regulations.gov. Follow the
online instructions.
• Email: Tracie Donaldson at
Donaldson.tracie@epa.gov.
• Mail or delivery: Mary Stanton,
Chief, Air Grants Section (6PD–S),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733. Deliveries are accepted
only between the hours of 8 a.m. and 4
p.m. weekdays, and not on legal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2015–
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Proposed Rules]
[Pages 69915-69925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28614]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0622; FRL-9936-84-Region 9]
Approval and Promulgation of Implementation Plans; California;
California Mobile Source Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the California State Implementation Plan (SIP)
consisting of state regulations establishing standards and other
requirements relating to the control of emissions from new on-road and
new and in-use off-road vehicles and engines. The EPA is proposing to
approve these regulations because they meet the applicable requirements
of the Clean Air Act and are relied upon by various California plans
intended to provide for the attainment or maintenance of the national
ambient air quality standards.
DATES: Any comments must arrive by December 14, 2015.
ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2015-0622], by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
[[Page 69916]]
2. Email: lo.doris@epa.gov.
3. Mail or deliver: Doris Lo (AIR-2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and the EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send email directly to the EPA, your
email address will be automatically captured and included as part of
the public comment. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption, and be
free of any defects or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, lo.doris@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Background
II. The State's Submittal
A. What regulations did the state submit?
B. Are there other versions of these regulations?
C. What is the purpose of the submitted regulations?
D. What requirements do the regulations establish?
III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
B. Do the state regulations meet CAA SIP evaluation criteria?
1. Did the state provide adequate public notification and
comment periods?
2. Does the state have adequate legal authority to implement the
regulations?
3. Are the regulations enforceable as required under CAA section
110(a)(2)?
4. Do the regulations interfere with reasonable further progress
and attainment or any other applicable requirement of the Act?
5. Will the state have adequate personnel and funding for the
regulations?
6. EPA's Evaluation Conclusion
C. Proposed Action and Request for Public Comment
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Under the Clean Air Act (``Act'' or CAA), the EPA establishes
national ambient air quality standards (NAAQS) to protect public health
and welfare, and has established such ambient standards for a number of
pervasive air pollutants including ozone, carbon monoxide, nitrogen
dioxide, sulfur dioxide, lead and particulate matter. Under section
110(a)(1) of the CAA, states must submit plans that provide for the
implementation, maintenance, and enforcement of the NAAQS within each
state. Such plans are referred to as state implementation plans (SIPs)
and revisions to those plans are referred to as SIP revisions. Section
110(a)(2) of the CAA sets forth the content requirements for SIPs.
Among the various requirements, SIPs must include enforceable emission
limitations and other control measures, means, or techniques as may be
necessary or appropriate to meet the applicable requirements of the
CAA. CAA section 110(a)(2)(a).
As a general matter, the CAA assigns mobile source regulation to
the EPA through title II of the Act and assigns stationary source
regulation and SIP development responsibilities to the states through
title I of the Act. In so doing, the CAA preempts various types of
state regulation of mobile sources as set forth in section 209(a)
(preemption of state emissions standards for new motor vehicles and
engines), section 209(e) (preemption of state emissions standards for
new and in-use off-road vehicles and engines),\1\ and section
211(c)(4)(A) [preemption of state fuel requirements for motor vehicle
emission control, i.e., other than California's motor vehicle fuel
requirements for motor vehicle emission control--see section
211(c)(4)(B)]. For certain types of mobile source emission standards,
the State of California may request a waiver (for motor vehicles) or
authorization (for off-road engines and equipment) for standards
relating to the control of emissions and accompanying enforcement
procedures. See CAA sections 209(b) (new motor vehicles) and 209(e)(2)
(most categories of new and in-use off-road vehicles).
---------------------------------------------------------------------------
\1\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California regulations refer to ``off-road'' vehicles and
engines. These terms refer to the same types of vehicles and
engines, and for the purposes of this action, we will be using the
state's chosen term, ``off-road,'' to refer to such vehicles and
engines.
---------------------------------------------------------------------------
Over the years, the California Air Resources Board (CARB) has
submitted many requests for waiver or authorization of its standards
and other requirements relating to the control of emissions from new
on-road and new and in-use off-road vehicles and engines, and the EPA
has granted many such requests. For example, the EPA has granted
waivers for CARB's Low Emission Vehicle (LEV III) criteria pollutant
standards for light- and medium duty vehicles, and has authorized
emissions standards for such off-road vehicle categories as commercial
harbor craft, and forklifts and other industrial equipment. See 78 FR
2112 (January 9, 2013) (advanced clean cars), 76 FR 77521 (December 13,
2011) (commercial harbor craft), and 77 FR 20388 (April 4, 2012)
(forklifts and other industrial equipment).
Also over the years, CARB has submitted, and the EPA has approved,
many local or regional California air district rules regulating
stationary source emissions as part of the California SIP. See,
generally, 40 CFR 52.220(c). With respect to mobile sources in general,
California has submitted, and the EPA has approved, certain specific
state regulatory programs, such the in-use, heavy-duty, diesel-fueled
truck rule, various fuels regulations, and the vehicle inspection and
maintenance program (I/M, also known as ``smog check''). See, e.g., 77
FR 20308 (April 4, 2012) (in-use truck and bus regulation), 75 FR 26653
(May 12, 2010) (revisions to California on-road reformulated gasoline
and diesel fuel regulations), and 75 FR 38023 (July 1, 2010) (revisions
to California motor vehicle I/M program).
California relies on these local, regional, and state stationary
and mobile source regulations to meet various CAA requirements and
includes the corresponding emissions reductions in the various regional
air quality plans developed to attain and maintain the NAAQS. The EPA
generally allows California to take credit for the corresponding
emissions reductions
[[Page 69917]]
relied upon in the various regional air quality plans because, among
other reasons, the regulations are approved as part of the SIP and are
thereby federally enforceable as required under CAA section
110(a)(2)(A).
However, California also relies on emissions reductions from the
regulations for which the EPA has previously granted waivers or
authorizations, and historically, the EPA has approved regional air
quality plans that take credit for emissions reductions from such
regulations, notwithstanding the fact that California has not submitted
these particular regulations as part of the California SIP.
The EPA's longstanding practice of approving California plans that
rely on emissions reductions from such ``waiver measures,''
notwithstanding the lack of approval as part of the SIP, was challenged
in several petitions filed in the Ninth Circuit Court of Appeals. In a
recent decision, the Ninth Circuit held in favor of the petitioners on
this issue and concluded that CAA section 110(a)(2)(A) requires that
all state and local control measures on which SIPs rely to attain the
NAAQS be included in the SIP and thereby subject to enforcement by the
EPA and members of the general public. See Committee for a Better Arvin
v. EPA, 786 F.3d 1169 (9th Cir. 2015).
In response to the decision in Committee for a Better Arvin v. EPA,
CARB submitted a SIP revision on August 14, 2015 consisting of state
mobile source regulations that establish standards and other
requirements for the control of emissions from various new on-road and
new and in-use off-road vehicles and engines for which the EPA has
issued waivers or authorizations and that are relied upon by California
regional plans to attain and maintain the NAAQS. The EPA is proposing
action today under CAA section 110(k) on CARB's August 14, 2015 SIP
revision submittal.
II. The State's Submittal
A. What regulations did the state submit?
On August 14, 2015, CARB submitted a SIP revision that included a
set of state mobile source regulations for which waivers or
authorizations have been granted by the EPA under section 209 of the
CAA. The SIP revision consists of the regulations themselves and
documentation of the public process conducted by CARB in approving the
regulations as part of the California SIP. Table 1 below presents the
contents of the SIP revision by mobile source category and provides,
for each such category, a listing of the relevant sections of the
California Code of Regulations (CCR) that establish standards and other
requirements for control of emissions from new or in-use vehicles or
engines; the corresponding date of CARB's hearing date or Executive
Officer (EO) action through which the regulations or amendments were
adopted; and the notice of decision in which the EPA granted a waiver
or authorization for the given set of regulations.\2\
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\2\ CARB's August 14, 2015 SIP submittal included a table that
lists the specific sections of the CCR included in the submittal. By
email dated October 23, 2015, CARB identified a few typographic
errors in the table: (1) 13 CCR sections 2456(d)(3), 2456(d)(5), and
2456(d)(6) (i.e., not sections 2455(d)(3), 2455(d)(5), and
2455(d)(6)) are excluded from the submittal of regulations
establishing standards and other requirements for the portable
equipment registration program (PERP); (2) 13 CCR section 2485(1)(B)
(not just section 2385(1)(A)) is excluded from the submittal of
regulations related to truck idling; (3) and 13 CCR section 2474 is
to be included in the submittal of regulations related to spark-
ignition marine engines. See email from Alex Wong, CARB, to
Jefferson Wehling, EPA Region IX, dated October 23, 2015.
Table 1--CARB SIP Revision Submittal Summary
----------------------------------------------------------------------------------------------------------------
Date of relevant
Relevant sections of CARB hearing date(s)
Source category California Code of or Executive Officer EPA Notice of decision
Regulations action
----------------------------------------------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty Amendments to 13 CCR 12/12/02, 6/22/06 70 FR 22034 (4/28/05);
Trucks, and Medium-Duty Vehicles (LEV Sec. Sec. 1961, 75 FR 44948 (7/30/10)
II). 1965, and 1978 and the
documents incorporated
by reference (see table
2 below), effective for
state law purposes on
12/04/03; and
amendments to 13 CCR
Sec. Sec. 1961,
1976, 1978, and
documents incorporated
by reference (see table
2 below), effective for
state law purposes on 2/
17/07.
On-Road Passenger Cars, Light-Duty Adoption of 13 CCR Sec. 01/26/12, 11/15/12 78 FR 2112 (1/9/13)
Trucks, and Medium-Duty Vehicles (LEV Sec. 1961.2 and
III) and Zero Emission Vehicles (ZEV). 1962.2 (excluding
subsection
1962.2(g)(6)) and
amendments to 13 CCR
Sec. Sec. 1900,
1956.8, 1960.1, 1961,
1962.1, 1962.2 (re-
numbered to 1961.3),
1965, 1976, 1978, 2037,
2038, 2062, 2112, 2139,
2140, 2145, 2147, and
2235 and the documents
incorporated by
reference (see table 2
below), effective for
state law purposes on
08/07/12; amendments to
13 CCR Sec. Sec.
1900, 1956.8, 1960.1,
1961, 1961.2, 1962.1,
1962.2 (excluding
subsection
1962.2(g)(6)(C)), and
1976 and the documents
incorporated by
reference (see table 2
below), effective for
state law purposes on
12/31/12.
On-Road Heavy-Duty Gasoline Engines... 13 CCR Sec. 1956.8 and 12/12/02, 9/5/03 75 FR 70237 (11/17/10)
the document (EO)
incorporated by
reference (see table 2
below), effective for
state law purposes on
12/4/03.
On-Road Heavy-Duty Diesel Engines..... Amendments to 13 CCR 10/25/01 70 FR 50322 (8/26/05)
Sec. 1956.8, and the
document incorporated
by reference (see table
2 below), effective for
state law purposes on
11/17/02.
On-Road Motorcycles................... Amendments to 13 CCR 12/10/98 71 FR 44027 (8/3/06)
Sec. Sec. 1900, 1958
(excluding 1958(a)(1)),
and 1965, and the
document incorporated
by reference (see table
2 below), effective for
state law purposes on
11/22/99.
[[Page 69918]]
On-Road Heavy-Duty Engines--On-Board 13 CCR Sec. Sec. 5/28/09 77 FR 73459 (12/10/12)
Diagnostic System (HD OBD). 1971.1 and 1971.5,
effective for state law
purposes on 6/17/10.
On-Road Heavy Duty Vehicles--engine or 13 CCR Sec. Sec. 10/20/05 77 FR 9239 (2/16/12)
vehicle idle controls. 1956.8, 2404, 2424,
2425, and 2485
(excluding subsections
2485(c)(1)(A),
2485(c)(1)(B), and
2485(c)(3)(B)), and the
document incorporated
by reference (see table
2 below), effective for
state law purposes on
11/15/2006.
In-Use Diesel-Fueled Transport 13 CCR Sec. 2477, as 11/18/10 78 FR 38970 (6/28/13)
Refrigeration Units. amended, effective for
state law purposes on 3/
7/11.
Commercial Harbor Craft............... 17 CCR Sec. 93118.5 11/15/07, 9/2/08 76 FR 77521 (12/13/11)
(excluding subsection (EO)
93118.5(e)(1)),
effective for state law
purposes on 11/19/08..
Off-Road Large Spark-Ignition (LSI) New LSI engine emissions 5/25/06, 3/2/07 (EO) 77 FR 20388 (4/4/12)
Engines. standards: 13 CCR Sec.
Sec. 2430, 2431,
2433, 2434, and 2438;
LSI fleet requirements:
13 CCR Sec. Sec.
2775, 2775.1 and
2775.2, and the
documents incorporated
by reference (see table
2 below), effective for
state law purposes on 5/
12/07.
Auxiliary Diesel Engines on Ocean- 13 CCR Sec. 2299.3 and 12/6/07, 10/16/08 76 FR 77515 (12/13/11)
Going Vessels. 17 CCR Sec. 93118.3, (EO)
effective for state law
purposes on 01/02/09.
In-Use Off-Road Diesel Fueled Fleets.. 13 CCR Sec. Sec. 2449 5/25/07, 7/26/07, 12/ 78 FR 58090 (9/20/13)
(excluding subsection 11/08, 1/22/09, 7/23/
2449(d)(2)) 2449.1, and 09, 12/17/10
2449.2, effective for
state law purposes on
12/14/11.
Mobile Cargo Handling Equipment (CHE). 13 CCR Sec. 2479 9/22/11 80 FR 26249 (5/7/15)
(excluding subsections
(e)(2) and (e)(4)), as
amended, effective for
state law purposes on
10/14/12.
Small Off-Road Engines (SORE)......... 13 CCR Sec. Sec. 11/21/08 80 FR 26041 (5/6/15)
2401, 2403, 2404, 2405,
2406, 2408, 2408.1, and
2409, and the document
incorporated by
reference (see table 2
below), effective for
state law purposes on 5/
5/10.
Off-Road Compression--Ignition (CI) 13 CCR Sec. Sec. 1/27/00, 12/9/04 75 FR 8056 (2/23/10)
Engines. 2420, 2421, 2423, 2424,
2425, 2425.1, 2426, and
2427, and the documents
incorporated by
reference (see table 2
below), effective for
state law purposes on 1/
6/06.
In-Use Portable Diesel-Fueled Engines 17 CCR Sec. Sec. 2/26/04 77 FR 72846 (12/6/12)
(PDE). 93116 through 93116.5
(excluding subsection
93116.3(a)), effective
for state law purposes
on 3/11/05.
Portable Equipment Registration 13 CCR Sec. Sec. 3/27/97, 7/31/07 77 FR 72851 (12/6/12)
Program (PERP). 2451, 2452, 2453, 2455 (EO), 12/10/98, 2/26/
(excluding subsections 04, 6/22/06, 3/22/07
2455(a) and 2455(b)),
2456 (excluding
subsections 2456(a),
2456(d)(3), 2456(d)(5),
and 2456(d)(6)), 2458,
2459, 2460, 2461, and
2462, as amended,
effective for state law
purposes on 9/12/07.
Spark-Ignition Marine Engines and 13 CCR Sec. Sec. 7/24/08, 6/5/09 (EO) 80 FR 26032 (5/16/15)
Boats (Marine SI). 2111, 2112, Appendix A
therein, 2139, 2147,
2440, 2442, 2443.1,
2443.2, 2444.1, 2444.2,
2445.1, 2445.2, 2446,
2447 and 2474, and the
documents incorporated
by reference (see table
2 below), effective for
state law purposes on
08/16/09.
Off-Highway Recreational Vehicles and 13 CCR Sec. Sec. 7/20/06 79 FR 6584 (2/4/14)
Engines (OHRV). 2111, 2112, 2411, 2412,
and 2413, and the
document incorporated
by reference (see table
2 below), effective for
state law purposes on 8/
15/07.
----------------------------------------------------------------------------------------------------------------
The regulations submitted by CARB and listed in table 1 incorporate
by reference certain documents that establish test procedures and
labeling specifications, among other things, and CARB submitted the
documents as part of the overall SIP revision. Table 2 lists the
incorporated documents included in the SIP submittal.
Table 2--Documents Incorporated by Reference in CARB Regulations Listed
in Table 1, Above, and Submitted as Part of SIP Revision
------------------------------------------------------------------------
-------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-
Duty Vehicles (LEV II):
California Exhaust Emission Standards and Test Procedures for 2001
and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-
Duty Vehicles, as last amended September 5, 2003.
California Motor Vehicle Emission Control and Smog Index Label
Specifications for 1978 through 2003 Model Year Motorcycles, Light-
, Medium- and Heavy-Duty Engines and Vehicles,'' as last amended
September 5, 2003.
California Smog Index Label Specifications for 2004 and Subsequent
Model Passenger Cars and Light-Duty Trucks,'' adopted September 5,
2003.
California Refueling Emission Standards and Test Procedures for 2001
and Subsequent Model Motor Vehicles, as last amended September 5,
2003.
[[Page 69919]]
California Evaporative Emission Standards and Test Procedures for
2001 and Subsequent Model Motor Vehicles, as amended June 22, 2006.
California Refueling Emission Standards and Test Procedures for 2001
and Subsequent Model Motor Vehicles, as last amended June 22, 2006.
California Exhaust Emission Standards Test Procedures for 2001 and
Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended June 22, 2006.
On-Road Passenger Cars, Light-Duty Trucks, and Medium-Duty and Heavy-
Duty Vehicles (LEV III) and Zero Emission Vehicles (ZEV):
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended March 22, 2012.
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
March 22, 2012.
California Non-Methane Organic Gas Test Procedures, as last amended
March 22, 2012.
California 2001 through 2014 Model Criteria Pollutant Exhaust
Emission Standards and Test Procedures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission Standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
last amended March 22, 2012, excluding GHG-related provisions.
California Environmental Performance Label Specifications for 2009
and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and
Medium-Duty Passenger Vehicles, as last amended March 22, 2012.
California Evaporative Emission Standards and Test Procedures for
2001 and Subsequent Model Motor Vehicles, as last amended March 22,
2012.
California Refueling Emission Standards and Test Procedures for 2001
and Subsequent Model Motor Vehicles, as last amended March 22,
2012.
Specifications for Fill Pipes and Openings of 1977 through 2014
Model Motor Vehicle Fuel Tanks, as last amended March 22, 2012.
Specifications for Fill Pipes and Openings of 2015 and Subsequent
Model Motor Vehicle Fuel Tanks, adopted March 22, 2012.
California 2015 and Subsequent Model Criteria Pollutant Exhaust
Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,
adopted March 22, 2012, excluding GHG-related provisions.
California Exhaust Emission Standards and Test Procedures for 2009
through 2017 Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
Vehicle Classes, as last amended March 22, 2012, excluding GHG-
related provisions.
California Exhaust Emission Standards and Test Procedures for 2018
and Subsequent Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
Vehicle Classes, adopted March 22, 2012, excluding GHG-related
provisions.
California 2015 and Subsequent Model Criteria Pollutant Exhaust
Emission Standards and Test Procedures and 2017 and Subsequent
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures
for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
last amended December 6, 2012, excluding GHG-related provisions.
California 2001 through 2014 Model Criteria Pollutant Exhaust
Emission Standards and Test Procedures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as
last amended December 6, 2012, excluding GHG-related provisions.
California Non-Methane Organic Gas Test Procedures, as last amended
December 6, 2012.
California Evaporative Emission Standards and Test Procedures for
2001 and Subsequent Model Motor Vehicles, as last amended December
6, 2012.
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Otto-Cycle Engines, as last amended
December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2009
through 2017 Model Zero-Emission Vehicles and Hybrid Electric
Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty
Vehicle Classes, as last amended December 6, 2012.
California Exhaust Emission Standards and Test Procedures for 2018
and Subsequent Model Zero-Emission Vehicles and Hybrid Vehicles, in
the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle
Classes, adopted December 6, 2012, excluding GHG-related provision.
On-Road Heavy-Duty Gasoline Engines:
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Otto-cycle Engines, as last amended
December 12, 2002.
On-Road Heavy-Duty Diesel Engines:
California Exhaust Emission Standards and Test Procedures for 1985
and Subsequent Model Heavy-Duty Diesel Engines and Vehicles, as
last amended October 25, 2001.
On-Road Motorcycles:
California Motor Vehicle Emission Control and Smog Index Label
Specifications, as last amended October 22, 1999.
On-Road Heavy Duty Vehicles--Reduced Idling:
California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines, as last amended
September 1, 2006.
Off-Road Large Spark-Ignition (LSI) Engines:
California Exhaust Emission Standards and Test Procedures for New
2001 through 2006 Off-Road Large Spark-Ignition Engines, Parts I
and II, adopted September 1, 1999 and as last amended March 2,
2007.
California Exhaust and Evaporative Emission Standards and Test
Procedures for 2007 through 2009 Off-Road Large Spark-Ignition
Engines, (2007-2009 Test Procedure 1048), adopted March 2, 2007.
California Exhaust and Evaporative Emission Standards and Test
Procedures for New 2010 and Later Off-Road Large Spark-Ignition
Engines, (2010 and Later Test Procedure 1048), adopted March 2,
2007.
California Exhaust and Evaporative Emission Standards and Test
Procedures for New 2007 and Later Off-Road Large Spark-Ignition
Engines (Test Procedures 1065 and 1068), adopted March 2, 2007.
Small Off-Road Engines (SORE):
California Exhaust Emission Standards and Test Procedures for 2005
and Later Small Off-Road Engines, as last amended February 24,
2010.
[[Page 69920]]
Off-Road Compression-Ignition (CI) Engines:
California Exhaust Emission Standards and Test Procedures for New
2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
Ignition Engines, Part I-B, adopted January 28, 2000 and as last
amended October 20, 2005.
California Exhaust Emission Standards and Test Procedures for New
1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-
Ignition Engines, Part II, adopted May 12, 1993 and as last amended
October 20, 2005.
California Exhaust Emission Standards and Test Procedures for New
2008 and Later Tier 4 Off-Road Compression-Ignition Engines, Part I-
C, adopted October 20, 2005.
Spark-Ignition Marine Engines and Boats (Marine SI):
California Exhaust Emission Standards and Test Procedures for 2001
Model Year and Later Spark-Ignition Marine Engines, as last amended
June 5, 2009.
Procedures for Exemption of Add-On and Modified Parts for Off-Road
Categories, as last amended June 5, 2009.
Off-Highway Recreational Vehicles and Engines (OHRV):
California Exhaust Emissions Standards and Test Procedures for 1997
and Later Off-Highway Recreational Vehicles, and Engines, as last
amended August 15, 2007.
------------------------------------------------------------------------
It is important to note that CARB has expressly excluded from the
August 14, 2015 SIP submittal certain sections or subsections of
California code that have been authorized or waived by the EPA under
CAA section 209. The excluded provisions pertain to:
Greenhouse Gas (GHG) exhaust emission standards for 2009
through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty
Vehicles, and 2017 and subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles; and
GHG related provisions incorporated in the test
procedures. Also, CARB has expressly excluded certain sections or
subsections of California code that are not subject to preemption under
CAA section 209 and thus not included in the related waiver or
authorization by the EPA. These provisions pertain to:
Fuel requirements;
Idling restrictions on drivers;
Opacity standards;
Daily mass emission limits (from the PERP regulations);
and
Certain labeling and consumer notification requirements.
Section III.B.4 below provides further discussion of these excluded
provisions.
B. Are there other versions of these regulations?
As noted previously, the CAA generally assigns to the EPA the
responsibility of establishing standards for the control of emissions
from mobile sources. However, the State of California was a pioneer in
establishing standards for the control of emissions from new motor
vehicles, and, in part due to the state's pioneering efforts, Congress
established in 1967 a process under which California, alone among the
states, would be granted a waiver from preemption (if certain criteria
are met) and thereby enforce its own standards and other requirements
for the control of emissions from new motor vehicles. In the 1990 CAA
Amendments, Congress extended a similar process that had been
established under section 209 for new motor vehicles to new and in-use
off-road vehicles and engines. See CAA section 209(e)(2). Under the
1990 CAA Amendments, the EPA must authorize California standards for
the control of emissions of off-road vehicles and engines if certain
criteria are met.
The first waiver granted was for California's On-Road Emissions
Standards for Model Year 1968. (See 33 FR 10160, July 16, 1968.) Since
then, there have been dozens of waivers and authorizations granted by
the EPA for new and amended CARB mobile source regulations. The EPA's
Office of Transportation and Air Quality maintains a Web site that
provides a general description of the waiver and authorization process
and lists all of the various waivers and authorizations granted by the
Agency to CARB over the years. See https://www.epa.gov/otaq/cafr.htm.
Historically, as noted above, CARB regulations subject to the
section 209 waiver or authorization process were not submitted to the
EPA as a revision to the California SIP. Thus, for the purposes of the
California SIP, there are no previous versions of the rules addressed
in today's proposed action.
C. What is the purpose of the submitted regulations?
Historically, California has experienced some of the most severe
and most persistent air pollution problems in the country. Under the
CAA, based on ambient data collected at numerous sites throughout the
state, the EPA has designated areas within California as nonattainment
areas for the ozone NAAQS and the particulate matter (both
PM10 and PM2.5) NAAQS. See, generally, 40 CFR
81.305. California also includes a number of areas that had been
designated as nonattainment areas for the carbon monoxide NAAQS that
the EPA has redesignated as attainment areas because they have attained
the standard and are subject to an approved maintenance plan
demonstrating how they will maintain the carbon monoxide standard into
the future.
Mobile source emissions constitute a significant portion of overall
emissions of carbon monoxide, volatile organic compounds (VOC), oxides
of nitrogen (NOX), sulfur dioxide (SO2) and
particulate matter (PM) in the various air quality planning areas
within California, and thus, the purpose of CARB's mobile source
regulations is to reduce these emissions and thereby reduce ambient
concentrations to attain and maintain the NAAQS throughout
California.\3\ At elevated levels, ozone and PM harm human health and
the environment by contributing to premature mortality, aggravation of
respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems.
---------------------------------------------------------------------------
\3\ VOC and NOX are precursors responsible for the
formation of ozone, and NOX and SO2 are
precursors for fine particulate matter (PM2.5).
SO2 belongs to a family of compounds referred to as
sulfur oxides (SOX). PM2.5 precursors also
include VOC and ammonia. See 40 CFR 51.1000.
---------------------------------------------------------------------------
D. What requirements do the regulations establish?
Table 3 below describes the applicability of the regulations listed
in table 1 above and summarizes some of the key emissions control
requirements contained in the rules.
[[Page 69921]]
Table 3--General Description of Requirements Established in the Mobile
Source Regulations Included in the August 14, 2015 SIP Revision
------------------------------------------------------------------------
Description of requirements in
Source category submitted regulation
------------------------------------------------------------------------
On-Road Passenger Cars, Light-Duty CARB's ``LEV II'' regulations
Trucks, and Medium-Duty Vehicles establish exhaust and
(LEV II). evaporative emissions standards
(and test procedures) for model
year (MY) 2004 through 2014
passenger cars, light-duty
trucks, and medium-duty
passenger vehicles. The LEV II
regulations also include the
adoption of Compliance Assurance
Program ``CAP 2000'' amendments
that establish new motor vehicle
certification and in-use test
requirements--developed jointly
with the U.S. Environmental
Protection Agency--applicable to
2001 and subsequent model motor
vehicles. For more information
about CARB's LEV II regulations,
see 68 FR 19811 (April 22,
2003), 70 FR 22034 (April 28,
2005), and 75 FR 44948 (July 30,
2010).
On-Road Passenger Cars, Light-Duty CARB's LEV III and ZEV amendments
Trucks, and Medium-Duty Vehicles combine the control of criteria
(LEV III) and Zero Emission Vehicles air pollutants and GHG emissions
(ZEV). into a single coordinated
package of requirements for MY
2015 through 2025 passenger
cars, light-duty trucks, and
medium-duty passenger vehicles.
The requirements amend the
exhaust and evaporative
emissions standards, the test
procedures, and the on-board
diagnostic system
specifications. (The standards
related to GHG emissions are not
included in the SIP revision
submittal.) For more information
about CARB's LEV III and ZEV
amendments, see 78 FR 2112
(January 9, 2013).
On-Road Heavy-Duty Gasoline Engines.. CARB's on-road heavy-duty
gasoline engine regulations
establish exhaust emission
standards for heavy-duty Otto-
cycle engines and vehicles above
8,500 pounds gross vehicle
weight rating (GVWR) for the
2004, 2005 through 2007, and the
2008 and subsequent MYs. These
regulations align each of
California's exhaust emission
standards and test procedures
with its federal counterpart in
an effort to streamline and
harmonize the California and
federal programs. For more
information about CARB's on-road
heavy-duty gasoline engine
regulations, see 75 FR 70237
(November 17, 2010).
On-Road Heavy-Duty Diesel Engines.... CARB's On-Road Heavy-Duty Diesel
Engine regulations establish
heavy-duty diesel regulations
for 2007 and subsequent model
year vehicles and engines (2007
California Heavy Duty Diesel
Engine Standards) and related
test procedures including the
not-to-exceed (NTE) and
supplemental steady state tests
(supplemental test procedures)
to determine compliance with
applicable standards. CARB's
2007 California Heavy Duty
Diesel Engine Standards
primarily align California's
standards and test procedures
with the federal standards and
test procedures for 2007 and
subsequent model year on-road
heavy-duty vehicles and engines.
For more information about
CARB's On-Road Heavy-Duty Diesel
Engine regulations, see 70 FR
50322 (August 26, 2005)
On-Road Motorcycles.................. CARB's regulations establish
exhaust emissions standards and
test procedures for new on-road
motorcycles and motorcycle
engines. For additional
information about CARB's
motorcycle regulations, see 71
FR 44027 (August 3, 2006).
On-Road Heavy-Duty Engines--On-Board CARB's HD OBD regulations
Diagnostic System (HD OBD). establish requirements for
onboard diagnostic systems (OBD
systems) that are installed on
2010 and subsequent model-year
engines certified for sale in
heavy-duty applications in
California. The OBD systems,
through the use of an onboard
computer(s), monitor emission
systems in-use for the actual
life of the engine and are
capable of detecting
malfunctions of the monitored
emission systems, illuminating a
malfunction indicator light
(MIL) to notify the vehicle
operator of detected
malfunctions, and storing fault
codes identifying the detected
malfunctions. For more
information about CARB's HD OBD
regulations, see 77 FR 73459
(December 10, 2012).
On-Road Heavy Duty Vehicles--engine As submitted, CARB's truck idling
or vehicle idle controls. requirements consist of ``New
engine requirements'' that
require new California-certified
2008 and subsequent model year
on-road diesel engines in
vehicles with a gross vehicle
weight rating (GVWR) greater
than 14,000 pounds (i.e., heavy-
duty diesel vehicles or
``HDDV''s) be equipped with a
system that automatically shuts
down the engine after five
minutes of continuous idling.
For more information about
CARB's truck idling
requirements, see 77 FR 9239
(February 16, 2012).
In-Use Diesel-Fueled Transport Establishes in-use performance
Refrigeration Units (TRUs). standards for diesel-fueled TRUs
and TRU generator sets operating
in California, and facilities
where TRUs operate. In-use TRU
engines are required, through
one of the compliance options
set forth in the regulations
(e.g., retrofit or replacement),
to meet specific performance
standards that vary by
horsepower range, and that have
two levels of stringency that
are phased in over time--the Low
Emission TRU Standards,
beginning in 2008, and the Ultra-
Low Emission TRU Standards
beginning in 2010. More
stringent performance standards
are required at 7-year intervals
until the Ultra-Low TRU
standards are met. For more
information about CARB's in-use
TRU regulations, see 74 FR 3030
(January 16, 2009) and 78 FR
38970 (June 28, 2013).
Commercial Harbor Craft.............. CARB's commercial harbor craft
regulations establish emissions
standards, requirements related
to control of emissions, and
enforcement provisions
applicable to diesel propulsion
and auxiliary engines on new and
in-use commercial harbor craft.
For new harbor craft, each
propulsion and auxiliary diesel
engine on the vessel is required
to be certified to the most
stringent federal new marine
engine emission standards for
that engine's power rating and
displacement in effect at the
time of sale, lease, rent, or
acquisition. The regulation
imposes additional requirements
for larger new ferries (with the
capacity to transport seventy-
five or more passengers), either
by using best available control
technology (``BACT''), or by
using a federal Tier 4 certified
propulsion engine. For in-use
harbor craft, new or in-use
diesel engines may not be sold,
offered for sale, leased,
rented, or acquired unless the
diesel propulsion or auxiliary
engines are certified to at
least the federal Tier 2 or Tier
3 marine emission standards for
new engines of the same power
rating and displacement. In-use
emission requirements are
imposed on Tier 0 and Tier 1
marine engines in ferries,
excursion vessels, tugboats,
towboats, push boats, and
multipurpose harbor craft. Those
harbor craft are required to
meet emission limits equal to or
cleaner than the federal new
marine engine certification
standards in effect for the year
that in-use engine compliance is
required. For more information
about CARB's commercial harbor
craft regulations, see 76 FR
77521 (December 13, 2011).
[[Page 69922]]
Off-Road Large Spark-Ignition (LSI) CARB's LSI regulations establish
Engines. more stringent emissions
standards for new off-road LSI
engines (25 hp or greater,
gasoline- or LPG-powered,
excluding construction and farm
equipment) beginning in 2007
(increasing in stringency in
2010), and in-use fleet
requirements for forklifts and
other industrial equipment with
LSI engines. The fleet average
in-use emission standards apply
to operators of large- and
medium-sized fleets of
forklifts, sweepers/scrubbers,
airport ground supported
equipment (GSE), and industrial
two tractors with engine
displacements of greater than
one liter. For more information
about CARB's LSI regulations,
see 77 FR 20388 (April 4, 2012).
Auxiliary Diesel Engines on Ocean- CARB's ``At-Berth'' regulation
Going Vessels. contains requirements that
apply, with limited exceptions,
to any person who owns or
operates any container vessel,
passenger vessel, or
refrigerated cargo vessel that
visits any of six specified
California ports. It also
contains requirements that
affect any person who owns or
operates those ports or
terminals located at them.
CARB's At-Berth regulation
requires fleets of container
vessels, passenger vessels and
refrigerated cargo vessels to
either: (1) Limit the amount of
time they operate their
auxiliary diesel engines by
connecting to shore power for
most of a vessel's stay at port
(``Shore Power Option''); or (2)
achieve equivalent emission
reductions by employing other
emission control techniques
(``Equivalent Emission Reduction
Option''). Fleet operators who
elect the Shore Power Option are
required to obtain the power
that would otherwise be provided
by a vessel's auxiliary engines
by connecting to shore power for
a percentage of the fleet's
annual port visits. The required
percentage of shore power
connected port visits increases
over the life of the regulation.
Specifically, fifty percent of a
fleet's total visits must be
connected to shore power by
2014, followed by seventy
percent by 2017, and eighty
percent by 2020. For more
information about CARB's At-
Berth regulation, see 76 FR
77515 (December 13, 2011).
In-Use Off-Road Diesel Fueled Fleets. CARB's In-Use Off-Road Diesel-
Fueled Fleets Regulation applies
to fleets with off-road
compression-ignition vehicles or
equipment greater than 25
horsepower. The regulation takes
effect beginning as early as
2014, depending on fleet size.
It requires fleet operators to
meet a progressively more
stringent combined PM and NOX
standard, or to reduce emissions
through technology upgrades such
as retrofit or replacement. For
more information about CARB's In-
Use Off-Road Diesel-Fueled
Fleets Regulation, see 78 FR
58090 (September 20, 2013).
Mobile Cargo Handling Equipment (CHE) CARB's mobile CHE regulation sets
performance standards for
engines equipped in newly
purchased, leased, or rented
(collectively known as ``newly
acquired''), as well as in-use,
mobile cargo handling equipment
used at ports or intermodal rail
yards in California. The
standards vary depending on the
type of vehicle, whether the
engine is used in off-road
equipment or a vehicle
registered as an on-road motor
vehicle, and whether they are
newly acquired or already in-
use. For more information about
CARB's mobile CHE regulation,
see 77 FR 9916 (February 21,
2012) and 80 FR 26249 (May 7,
2015).
Small Off-Road Engines (SORE)........ CARB's SORE regulations establish
emissions standards for new
spark ignition utility and lawn
and garden equipment engines 25
horsepower and under. For more
information about CARB's SORE
regulations, see 80 FR 26041
(May 6, 2015).
Off-Road Compression -Ignition (CI) CARB's Off-Road CI Engine
Engines. Regulations establish emissions
standards for new off-road
diesel-powered engines and
equipment. For more information
about CARB's Off-Road CI Engine
Regulations, see 75 FR 8056
(February 23, 2010).
In-Use Portable Diesel-Fueled Engines CARB's PDE regulation establishes
(PDE). requirements for in-use portable
diesel-fueled engines 50 brake-
horsepower (hp) and greater.
Specifically, starting on
January 1, 2010, all portable
engines in California must be
certified to meet a federal or
California standard for newly
manufactured off-road engines.
More stringent requirements
apply beginning on January 1,
2020. Fleets of portable engines
must comply with increasingly
more stringent weighted PM
emission fleet averages that
apply on three different
deadlines (January 1, 2013,
January 1, 2017, and January 1,
2020). For more information
about CARB's PDE regulation, see
77 FR 72846 (December 6, 2012).
Portable Equipment Registration PERP is a voluntary statewide
Program (PERP). program that enables
registration of off-road engines
and equipment that operate at
multiple locations across
California, so that the engine
and equipment owners can operate
throughout California without
obtaining permits from local air
pollution control districts. The
PERP sets out four general
requirements applicable to all
registered equipment: (1)
Registered equipment may not
operate in a manner that causes
a nuisance; (2) registered
equipment may not interfere with
attainment of national or state
ambient air quality standard;
(3) registered equipment many
not cause an exceedance of an
ambient air quality standard;
and (4) owners of registered
equipment must provide notice
and comply with requirements for
prevention of significant
deterioration if it would
constitute a major modification
of that source. The PERP also
has specific requirements for
both registered engines and
certain types of equipment
units. For more information
about CARB's PERP regulations,
see 77 FR 72851 (December 6,
2012).
Spark-Ignition Inboard and Sterndrive CARB's Inboard and Sterndrive
Marine Engines. Marine Engine regulations
establish tier II hydrocarbon
(HC) and NOX exhaust emissions
standards for new inboard and
sterndrive engines. For more
information about CARB's Marine
SI Engine regulations, see 72 FR
14546 (March 28, 2007) and 76 FR
24872 (May 3, 2011).
Spark-Ignition Marine Engines and CARB's Marine SI Engine
Boats (Marine SI). regulations establish HC and NOX
exhaust emissions standards for
outboard, inboard, and
sterndrive engines and personal
watercraft. For more information
about CARB's Marine SI Engine
regulations, see 72 FR 14546
(March 28, 2007), 76 FR 24872
(May 3, 2011), and 80 FR 26032
(May 6, 2015).
Off-Highway Recreational Vehicles and CARB's OHRV regulations establish
Engines (OHRV). exhaust and evaporative emission
standards and test procedures
for OHRVs. The regulations also
establish a ``red tag'' program
under which OHRVs not meeting
the applicable emissions
standards could be certified
subject to use restrictions
(i.e., use in specified areas
during specified times of the
year). For more information
about CARB's OHRV regulations,
see 79 FR 6584 (February 4,
2014).
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[[Page 69923]]
III. EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the regulations?
The EPA has evaluated the submitted regulations discussed above
against the applicable procedural and substantive requirements of the
CAA for SIPs and SIP revisions and has concluded that they meet all of
the applicable requirements. Generally, SIPs must include enforceable
emission limitations and other control measures, means, or techniques,
as well as schedules and timetables for compliance, as may be necessary
to meet the requirements of the Act [see CAA section 110(a)(2)(A)];
must provide necessary assurances that the state will have adequate
personnel, funding, and authority under state law to carry out such SIP
(and is not prohibited by any provision of federal or state law from
carrying out such SIP) [see CAA section 110(a)(2)(E)]; must be adopted
by a state after reasonable notice and public hearing [see CAA section
110(l)], and must not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the Act [see CAA section 110(l)].\4\
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\4\ CAA section 193, which prohibits any pre-1990 SIP control
requirement relating to nonattainment pollutants in nonattainment
areas from being modified unless the SIP is revised to insure
equivalent or greater emission reductions of such air pollutants,
does not apply to these regulations because they would be new to the
California SIP, and thus, do not constitute an amendment to a pre-
1990 SIP control requirement.
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B. Do the state regulations meet CAA SIP evaluation criteria?
1. Did the state provide adequate public notification and comment
periods?
Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide for reasonable public notice and
hearing prior to adoption. In 40 CFR 51.102(d), we specify that
reasonable public notice in this context refers to at least 30 days.
All of the submitted regulations have gone through extensive public
comment processes including CARB's workshop and hearing processes prior
to state adoption of each rule. Also, the EPA's waiver and
authorization processes provide an opportunity for the public to
request public hearings to present information relevant to the EPA's
consideration of CARB's request for waiver or authorization under
section 209 of the CAA and to submit written comment.
In addition, on June 19, 2015, CARB published a notice of public
meeting to be held on July 23, 2015 to consider adoption and submittal
of the adopted regulations for which the EPA has granted waivers or
authorization as a revision to the California SIP. CARB held the public
hearing on July 23, 2015. No written comments were submitted to CARB in
connection with the proposed SIP revision, and no public comments were
made at the public hearing. CARB adopted the SIP revision at the July
23, 2015 Board Hearing (Board Resolution 15-40), and submitted the
relevant mobile source regulations to the EPA on August 14, 2015 along
with evidence of the public process conducted by CARB in adopting the
SIP revision. We conclude that CARB's August 14, 2015 SIP revision
submittal meets the applicable procedural requirements for SIP
revisions under the CAA section 110(l) and 40 CFR 51.102.
2. Does the state have adequate legal authority to implement the
regulations?
CARB has been granted both general and specific authority under the
California Health & Safety Code (H&SC) to adopt and implement these
regulations. California H&SC sections 39600 (``Acts required'') and
39601 (``Adoption of regulation; Conformance to federal law'') confer
on CARB the general authority and obligation to adopt regulations and
measures necessary to execute CARB's powers and duties imposed by state
law. California H&SC sections 43013(a) and 43018 provide broad
authority to achieve the maximum feasible and cost-effective emission
reductions from all mobile source categories. Regarding in-use motor
vehicles, California H&SC sections 43600 and 43701(b), respectively,
grant CARB authority to adopt emission standards and emission control
equipment requirements. Further, California H&SC section 39666 gives
CARB authority to adopt airborne toxic control measures to reduce
emissions of toxic air contaminants from new and in-use non-vehicular
sources.
As a general matter, as noted above, the CAA assigns mobile source
regulation to the EPA through title II of the Act and assigns
stationary source regulation and SIP development responsibilities to
the states through title I of the Act. In so doing, the CAA preempts
various types of state regulation of mobile sources as set forth in
section 209(a) (preemption of state emissions standards for new motor
vehicles and engines), section 209(e) (preemption of state emissions
standards for new and in-use nonroad vehicles and engines) and section
211(c)(4)(A) [preemption of state fuel requirements for motor vehicles,
i.e., other than California's motor vehicle fuel requirements for motor
vehicle emission control--section 211(c)(4)(B)]. For certain types of
mobile source standards, the State of California may request a waiver
(for motor vehicles) or authorization (for off-road vehicles or
engines) for standards relating to the control of emissions and
accompanying enforcement procedures. See CAA sections 209(b) (new motor
vehicles) and 209(e)(2) (most categories of new and in-use off-road
vehicles).
The mobile source regulations that are the subject of today's
proposed rule are those for which California has sought a waiver or
authorization and for which the EPA has granted such waiver or
authorization and thus the regulations proposed for approval today are
not preempted under the CAA.\5\ For additional information regarding
California's motor vehicle emission standards, please see the EPA's
``California Waivers and Authorizations'' Web page at URL address:
https://www.epa.gov/otaq/cafr.htm. This Web site also lists relevant
Federal Register notices that have been issued by the EPA is response
to California waiver and authorization requests.
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\5\ We recognize that our authorization (78 FR 58090, September
20, 2013) for CARB's in-use off-road diesel-fueled fleet regulations
has been challenged in both the D.C. Circuit and Ninth Circuit Court
of Appeals. See Dalton Trucking, Inc. v. EPA (D.C. Cir., No 13-1283)
and Dalton Trucking, Inc. v. EPA (9th Cir., No. 13-74019). The D.C.
Circuit will hear oral arguments in the case on November 9, 2015.
(The Ninth Circuit is holding the cased in abeyance pending a
decision by the D.C. Circuit concerning jurisdiction.) An adverse
decision from the D.C. Circuit or Ninth Circuit that remands or
vacates our authorization of CARB's in-use off-road diesel-fueled
fleet regulations will prompt reconsideration of our approval of the
regulations as part of the SIP because, absent authorization, CARB
will be prohibited from enforcing the regulations and thus will no
longer be able to provide the necessary assurances called for in CAA
section 110(a)(2)(E) for the subject regulations.
---------------------------------------------------------------------------
In addition, the EPA is unaware of any non-CAA legal obstacle to
CARB's enforcement of the regulations and thus we conclude that the
state has provided the necessary assurances that the state has adequate
authority under state law to carry out the SIP revision (and is not
prohibited by any provision of federal or state law from carrying out
such SIP) and thereby meets the requirements of CAA section
110(a)(2)(E) with respect to legal authority.
3. Are the regulations enforceable as required under CAA section
110(a)(2)?
We have evaluated the enforceability of the submitted mobile source
[[Page 69924]]
regulations with respect to applicability and exemptions; standard of
conduct and compliance dates; sunset provisions; discretionary
provisions; and test methods, recordkeeping and reporting,\6\ and have
concluded for the reasons given below that the proposed regulations
would be enforceable for the purposes of CAA section 110(a)(2).
---------------------------------------------------------------------------
\6\ These concepts are discussed in detail in an EPA memorandum
from J. Craig Potter, EPA Assistant Administrator for Air and
Radiation, et al., titled ``Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency,'' dated
September 23, 1987.
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First, with respect to applicability, we find that the submitted
regulations would be sufficiently clear as to which persons and which
vehicles or engines are affected by the regulations. See, e.g., 13 CCR
section 2430 (applicability provision for off-road LSI engine emission
standard regulation); 13 CCR section 2449(b) (applicability provision
for in-use off-road diesel-fueled fleets regulation).
Second, we find that the submitted regulations would be
sufficiently specific so that the persons affected by the regulations
would be fairly on notice as to what the requirements and related
compliance dates area. For instance, see the performance requirements
for in-use off-road diesel-fueled fleets in 13 CCR section 2449(d).
Third, none of the submitted regulations contain sunset provisions that
automatically repeal the emissions limits by a given date or upon the
occurrence of a particular event, such as the change in the designation
of an area from nonattainment to attainment.\7\
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\7\ The only such provisions in any of the submitted regulations
are a sunset provision for alternative requirements in the ZEV
regulations at 13 CCR section 1962.1(b)(2)(B)(3.), and a sunset
review of the on-road motorcycle standards at 13 CCR section
1958(h). The latter provision requires CARB to review the on-road
motorcycle standards in section 1958 to determine whether they
should be retained, revised, or repealed. Any such revision or
rescission would not be become effective automatically, but would
require rulemaking by CARB, and may also require a waiver from the
EPA depending on the nature or the revision.
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Fourth, a number of the submitted regulations contain provisions
that allow for discretion on the part of CARB's Executive Officer. Such
``director's discretion'' provisions can undermine enforceability of a
SIP regulation, and thus prevent full approval by the EPA. However, in
the instances of ``director's discretion'' in the submitted
regulations, the discretion that can be exercised by the CARB Executive
Officer is reasonably limited under the terms of the regulations. For
instance, the regulation establishing standards and other requirements
related to the control of emissions from commercial harbor craft
includes alternative control of emissions (ACE) provisions that allow a
person to be deemed in compliance by implementing an alternative
emission control strategy (AECS) subject to the approval of the
Executive Officer. See 13 CCR section 93118.5(f). The regulation
specifies the application process for such an AECS, requires a number
of demonstrations to be included (such as equivalent emissions
reduction), and provides for public review. With such constraints on
discretion, the ``director's discretion'' contained in the submitted
regulations would not significantly undermine enforceability of the
rules by citizens or the EPA.
Lastly, each of the submitted regulations identifies appropriate
test methods and includes adequate recordkeeping and reporting
requirements sufficient to ensure compliance with the applicable
requirements. The technical support document provides more detail
concerning the contents of the submitted regulations.
4. Do the regulations interfere with reasonable further progress and
attainment or any other applicable requirement of the Act?
All of the state's reasonable further progress (RFP), attainment,
and maintenance plans rely to some extent on the emission reductions
from CARB's mobile source program, including the emissions standards
and other requirements for which the EPA has issued waivers or
authorizations. For some plans, the reliance is substantial and for
others the reliance is less. CARB's mobile source program is reflected
in the emissions estimates for mobile sources that are included in the
emissions inventories that form the quantitative basis for the RFP,
attainment, and maintenance demonstrations. As such, CARB's mobile
source regulations submitted for approval as a revision to the
California SIP support the various RFP, attainment, and maintenance
plans, and would not interfere with such requirements for the purposes
of CAA section 110(l).
As noted above, CARB expressly excluded certain sections or
subsections of California code from consideration as part of the SIP
revision. These provisions relate to GHG motor vehicle emissions
standards and test procedures, fuel requirements, idling limits,
opacity standards, daily mass emission limits, and certain labeling and
consumer notification requirements. We understand that the GHG
provisions have been excluded because they provide minimal emissions
reductions over the time period covered by the current generation of
California RFP, attainment, and maintenance plans. With respect to the
non-preempted provisions, we understand that they were not included in
the August 14, 2015 SIP submittal because they are not ``waiver
measures'' and thus are not relevant for the purposes of responding to
the Ninth Circuit's decision in Committee for a Better Arvin v. EPA.
However, we note the general principle that state emissions limitations
and other control measures that are relied upon to meet CAA SIP
requirements, such as RFP, attainment or maintenance demonstrations,
must be approved into the SIP to comply with the requirement for such
limitations and other control measures to be enforceable for the
purposes of CAA section 110(a)(2)(A). Thus, we encourage CARB to review
the RFP, attainment, and maintenance plans for the various air quality
planning areas in California to ensure that the plans do not rely on
the associated emissions reductions from the provisions excluded from
the August 14, 2015 SIP submittal.
5. Will the state have adequate personnel and funding for the
regulations?
In its SIP revision submittal, CARB refers to the annual approval
by the California Legislature of funding and staff resources for
carrying out CAA-related responsibilities and notes that a large
portion of CARB's budget has gone toward meeting CAA mandates.\8\ CARB
indicates that a majority of CARB's funding comes from dedicated fees
collected from regulated emission sources and other sources such as
vehicle registration fees and vehicles license plate fees and that
these funds can only be used for air pollution control activities. Id.
For the 2014-2015 budget cycle, CARB had over 700 positions and almost
$500 million dedicated for the mobile source program developing and
enforcing regulations. Id. Given the longstanding nature of CARB's
mobile source program, and its documented effectiveness at achieving
significant reductions from mobile sources, we find that CARB has
provided necessary assurances that the state has adequate personnel and
funding to carry out the mobile source regulations submitted for
approval as part of the California SIP.
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\8\ Letter from Richard W. Corey, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, August 14,
2015.
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[[Page 69925]]
6. EPA's Evaluation Conclusion
Based on the above discussion, we believe these regulations are
consistent with the relevant CAA requirements, and with relevant EPA
policies and guidance.
C. Proposed Action and Request for Public Comment
Under section 110(k)(3) of the CAA, and for the reasons given
above, we are proposing to approve a SIP revision submitted by CARB on
August 14, 2015 that includes certain sections of title 13 and title 17
of the California Code of Regulations that establish standards and
other requirements relating to the control of emissions from new and
in-use on-road and off-road vehicles and engines. We are proposing to
approve these regulations as part of the California SIP because we
believe they fulfill all relevant CAA requirements. We will accept
comments from the public on this proposal until December 14, 2015.
Unless we receive convincing new information during the comment period,
we intend to publish a final approval action that will incorporate
these rules into the federally enforceable SIP for the State of
California.
IV. Incorporation by Reference
In this proposed rule, the EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference certain sections of title 13 and title 17 of
the California Code of Regulations that establish standards and other
requirements relating to the control of emissions from new and in-use
on-road and off-road vehicles and engines, as described in section II
of this preamble. The EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-28614 Filed 11-10-15; 8:45 am]
BILLING CODE 6560-50-P
